THE PROVISIONAL BY-LAWS

Transcription

1 THE PROVISIONAL BY-LAWS OF THE HIGHLANDS BIBLE FELLOWSHIP WE, the members of The Highlands Bible Fellowship, do ordain and establish the following Provisional By-Laws, which shall govern the operation and activities of the church until such time as Permanent By-Laws are established. Article 1. Name The name of this church is The Highlands Bible Fellowship. Article 2. Incorporation & Purposes A. The Highlands Bible Fellowship is a Texas Nonprofit Corporation organized and operated exclusively for religious, charitable, and educational purposes, including, for such purposes, the making of distributions to organizations that qualify as exempt organizations under Section 501(c)(3) of the Internal Revenue Code of 1986, or the corresponding section of any future federal tax code. B. The Highlands Bible Fellowship shall maintain a business address in Fort Bend or Harris County, Texas and shall maintain a Registered Agent in the State of Texas who shall be determined by the Board of Elders. C. The Biblical purpose of The Highlands Bible Fellowship is to glorify God through proclaiming the gospel of salvation by grace through faith in Jesus Christ, discipling every member unto godly living and spiritual maturity, administering the ordinances of baptism and communion in obedience to Christ, and equipping the body of Christ to effective and loving service in evangelism, missions, and mutual edification, redounding to the praise and glory of Christ our Lord. Article 3. Church Organization A. The Highlands Bible Fellowship recognizes that there is only one head over the church - both universal and local - Jesus Christ. (Matthew 16:18, Ephesians 5:23, Colossians 1:18, 1 Peter 5:4) B. As Jesus Christ is presently at the right hand of the Father, He mediates His rule over the local church by the Holy Spirit, and through His inspired, inerrant word, the sixtysix books of the Holy Bible, which is to be implemented and obeyed. Provisional By-Laws of The Highlands Bible Fellowship 1

2 C. The understanding of the Christian faith held by the Highlands Bible Fellowship is articulated in a statement of faith entitled The Articles of Faith of The Highlands Bible Fellowship ( The Articles of Faith ). 1. The Articles of Faith shall be made publicly available for inspection by visitors and Church Members. 2. The Articles of Faith shall be maintained by the Elders and may not be amended without the consent of three-quarters of the Elders. 3. Although the most important doctrinal matters are addressed in The Articles of Faith, this provision should not be interpreted to mean that the only doctrinal positions of The Highlands Bible Fellowship are contained in The Articles of Faith. This section does not restrict the Elders from taking other doctrinal positions or taking action based on such other doctrinal positions. 4. All doctrinal positions taken by The Highlands Bible Fellowship shall be formulated as a result of the historical-grammatical interpretation of the Holy Bible. D. The Highlands Bible Fellowship interprets Scripture as prescribing a mixed governance over the church, with most decisions made by the Board of Elders (the collective body of the Elders of the Church), while some decisions are made by the Congregation (the collective body of the Church Members aged eighteen (18) years old and above). Article 4. Church Membership A. The Highlands Bible Fellowship has Church Members. B. Individuals who are Church Members will not be Corporate Members of The Highlands Bible Fellowship unless they meet the qualifications in Article 6. Church Members who are not Corporate Members do not have any legal rights nor proprietary rights in the corporation of The Highlands Bible Fellowship and are not shareholders in The Highlands Bible Fellowship. C. To qualify for Church Membership in The Highlands Bible Fellowship an individual must: 1. Be a believer in Jesus Christ, and give written attestation to that effect, 2. Sincerely and truly agree with The Articles of Faith of The Highlands Bible Fellowship, and give written attestation to that effect, Provisional By-Laws of The Highlands Bible Fellowship 2

3 3. Have obeyed the command of the Lord Jesus Christ to be baptized subsequent to salvation, and give written attestation to that effect, 4. Affirm the Membership Covenant of The Highlands Bible Fellowship, and give written attestation to that effect, 5. Acknowledge and assent to the policies related to Church Discipline and Dispute Resolution found in these By-Laws, and give written attestation to that effect, and 6. Regularly attend Sunday services of The Highlands Bible Fellowship, to a threshold that shall be defined by the Board of Elders. D. Church Membership is individual. E. Individuals may not be a member of both The Highlands Bible Fellowship and another church. F. Church Membership is obtained as follows: 1. All regularly attending individuals (to a threshold defined by the Board of Elders) who indicate they meet the qualifications articulated above for membership at the June 5, 2016 Congregational Meeting shall be Church Members. 2. Thereafter, individuals who believe that they meet the qualifications for Church Membership, and desire to become Church Members, must indicate their interest to a member of the Board of Elders. 3. A member of the Board of Elders shall interview the prospective member. 4. The Board of Elders shall discuss the prospective member s application and qualifications. The Board of Elders shall determine whether or not to recommend the prospective member for Church Membership. The decision of the Board of Elders is final. There are no appeals. 5. Those applicants who the Board of Elders recommend for Membership shall be voted on at the next Members Meeting. 6. Individuals not recommended for Membership by the Board of Elders shall not be voted on at the next Members Meeting. 7. Those applicants recommended by the Board of Elders who receive a majority vote of the Membership will become Members upon receipt by the Elders of a Provisional By-Laws of The Highlands Bible Fellowship 3

4 signed attestation form signifying assent to the Articles of Faith, Membership Covenant, and Articles 13 and 14 of the By-Laws of The Highlands Bible Fellowship. G. The privileges and responsibilities of Church Membership are as follows: 1. Church Members may fully participate in the ministry and life of the church, consistent with God s leading and with the gifts, time, and material resources each has received from God. 2. Only Church Members may serve in the ministries of this church. a. Non-members may serve on an ad-hoc, temporary basis with the approval of the Board of Elders. b. Non-members may serve as administrative staff and as professional consultants to the Fellowship at the discretion of the Board of Elders. 3. Church Members should attend regular Members Meetings, which shall be held between three and six times per year, and any Special Meetings that may be called by a majority of the Board of Elders or a petition signed by at least ten Church Members. 4. Each Church Member who has attained eighteen (18) years of age, or above, is entitled to one vote on questions submitted to the Congregation for a vote, either by the Board of Elders or these By-Laws. 5. Church Members not under Church Discipline may receive a Letter of Commendation signed by one of the Elders of the Church for presentation to a new church either visited or to which the Members intend to relocate. H. Membership in the Fellowship is lost: 1. Automatically upon the death of a Member. 2. Automatically upon the voluntary resignation of a Member made in writing and transmitted to one of the Elders. 3. As a result of Church Discipline. a. The Discipline of the Church at The Highlands Bible Fellowship is regulated by Article 13 of these By-Laws. Provisional By-Laws of The Highlands Bible Fellowship 4

5 b. Individuals whose membership is forfeited pursuant to Church Discipline may seek readmission to Church Membership as any new member would seek admission. The Elders have the right to refuse to recommend Church Membership to any individual previously excommunicated without clear fruits of repentance of the sin that led to the excommunication in the individual s life. Article 5. Elders A. The Highlands Bible Fellowship has Elders. 1. The Elders of the Church are the Directors of the Corporation as the term is used in the Texas Business Organizations Code. a. In the event that there are less than three Elders, the Treasurer of the Church will be a Director of the Corporation until the appointment of a third Elder. In this event the Treasurer will be authorized to act as a Director on all matters related to the corporate activities of the Church but will not be an Elder. 2. The Board of Elders is the Board of Directors as the term is used in the Texas Business Organizations Code. B. The Board of Elders shall have authority over all matters related to The Highlands Bible Fellowship not otherwise delegated to the Congregation. C. The Board of Elders bears the following additional responsibilities: 1. The primary task of the Elders is prayer, teaching, pastoral care, and other activities that equip the Church Members for the work of ministry. 2. The Board of Elders will set the ministry philosophy of The Highlands Bible Fellowship. 3. The Board of Elders of the Church alone have the authority to amend the Articles of Faith, the Articles of Incorporation of The Highlands Bible Fellowship, or Article 13 and Article 14 of the By-Laws of The Highlands Bible Fellowship. This provision may not be amended. 4. The Board of Elders may appoint deacons or impanel committees to assist them in the execution of the responsibilities of The Highlands Bible Fellowship, however the Board of Elders always retains final authority over such matters. Provisional By-Laws of The Highlands Bible Fellowship 5

6 5. The Board of Elders have the responsibilities articulated in Articles 13 and 14 of these By-Laws. 6. The Board of Elders may designate an Elder, Officer, or Agent to enter into any contract or execute any instrument in the name of and on behalf of the Corporation. Such authority may be withdrawn by the Board of Elders. 7. The Board of Elders may hire Administrative Staff or Ministry Staff, whose compensation will be set by the Logistics Committee in consultation with the Elders. Neither Administrative Staff nor Ministry Staff constitute Pastoral Staff and are not automatically members of the Board of Elders subject to F.2 of this Article. D. The Board of Elders will meet at least once per month in a mutually agreeable location. Telephonic participation is permitted. 1. The Elders may adopt their own procedures for determining who will chair the meeting, who will set the agenda, and how often the Elders shall meet beyond once per month. 2. The Elders will be as Biblical as possible in making decisions. 3. The Elders will decide matters on the basis of consensus if possible. a. If consensus cannot be reached, the Elders will pray about the matter and open the Scriptures and work through all relevant passages on the subject. They will then again seek consensus. If consensus can again not be reached, this process is to be repeated. b. If after a second attempt to resolve the matter by studying the Scriptures there is no consensus, the Elders may vote. Elders in the minority will agree to submit to the decision of the majority or resign. c. In the event that there is a tied vote, or in other circumstances deemed appropriate by a majority of the Elders, the Elders may seek outside counsel. This counsel should be agreed upon by a majority of the Elders and can either be a Church Member or an individual in good standing in the Christian community. d. The Elders may determine to what extent they will heed any outside counsel, if at all. Provisional By-Laws of The Highlands Bible Fellowship 6

7 4. Elders will recuse themselves from any decision, and, after answering basic, factual questions, will not be present during any deliberations that have implications related to themselves, their family, or any other matter that may present a conflict of interest. E. Elders shall meet the following qualifications: 1. They shall be biologically male. 2. They shall meet the qualifications articulated in 1 Timothy 3:1-7 and Titus 1:5-9. F. The following individuals will be the Elders of the Church: 1. Any individuals who are serving as Interim Elders at the time these By-Laws are ratified. These individuals must be confirmed by a Congregational vote. 2. All Pastoral Staff, who will serve as Elders throughout the duration of their employment. 3. Church Members, who are appointed by the Board of Elders and the Congregation in the manner articulated in Article 5, I, who will serve one term of three (3) years and then rotate off the Board for one (1) year prior to reappointment. G. Elders appointed in may have term limits adjusted by the sitting Board of Elders to ensure that Elder turnover is staggered. H. Efforts will be made to maintain a minimum of three (3) Elders on the Board of Elders at all times. In the event that vacancies due to death, resignation, or removal would result in less than three Elders on the Board of Elders then see Article 5, A.1.a. I. Elders who are not Pastoral Staff will be appointed as follows: 1. The currently seated Elders of the Church shall interview, instruct, and examine potential Elder candidates. 2. At any Elder Meeting, an Elder may nominate an individual for Eldership. The Elders shall vote on the nomination. A candidate must receive a unanimous vote of the Board of Elders for the nomination to be announced to the Congregation. a. No individual may be voted on by the Board of Elders who has attended Sunday services at The Highlands Bible Fellowship for a period less than six (6) months. Provisional By-Laws of The Highlands Bible Fellowship 7

8 i. This requirement is waived for all appointments to the Board of Elders made prior to September 7, b. No individual may be voted on by the Board of Elders who has not taught in a congregational setting at least three (3) times. 3. The Elders will announce their nomination to the Congregation for a notice and comment period of at least four (4) weeks. 4. At the conclusion of the notice and comment period, the Elders will take a final vote on the nomination. A candidate must again receive a unanimous vote of the Board of Elders to be recommended to the Congregation. 5. At the next Members Meeting the Congregation will take a vote on the recommendation. 6. An Elder candidate must receive a two-thirds vote of the Congregation to be confirmed as an Elder of the Church. 7. The Elder candidate, being affirmed by the Congregation, will take office upon formal recognition and ordination to the ministry of oversight, which will take place by the laying on of hands of the incumbent Elders during a regularly scheduled Worship Service. J. Elders may be removed from office prior to the conclusion of their term in the following manner: 1. Two Church Members may present a charge against one or more Elder(s) in writing. The charge should be delivered to an Elder other than the Elder accused. 2. If the charge relates to doctrinal matters it will be evaluated by those members of the Board of Elders who are not accused. If at least half of the Board of Elders agree with the charge the matter will be brought to a Members Meeting. 3. If the charge relates to matters related to qualifications for Eldership that are not doctrinal, the matter will be brought to the Board of Elders for investigation. The matter, and results of the investigation, will be presented at the next Members Meeting. 4. Charges against Elders presented at a Members Meeting will be handled in accordance with the procedure outlined in Article 7. Provisional By-Laws of The Highlands Bible Fellowship 8

9 K. Elders may resign in writing at any time, effective upon transmission of the resignation to another Elder. Article 6. Corporate Membership A. The Highlands Bible Fellowship has one class of Corporate Membership. B. Those individuals who are members of the Board of Elders shall constitute the Corporate Members of The Highlands Bible Fellowship. 1. As there will be regular meetings of the Board of Elders, there is no need for an annual corporate meeting pursuant to Texas Business Organizations Code In the event that there are less than three Elders, then the members of the Logistics Committee (Article 8) will receive Corporate Membership until such time as a third Elder is appointed. The first meeting during the year in which the Elders meet with the Logistics Committee will constitute the annual corporate meeting pursuant to Texas Business Organizations Code Advance notice of the combined meeting of the Elders with the Logistics Committee will be sufficient notice of this annual meeting. Article 7. Members Meetings and Votes A. The Highlands Bible Fellowship shall schedule between three and six regular Members Meetings per year. B. Special Members Meetings may be called by the Board of Elders, or a petition signed by at least ten (10) Church Members. C. There shall be at least two (2) weeks notice given to the Congregation, both audibly at the conclusion of the Sunday Worship Service, and printed in the Bulletin, of any Members Meeting. D. The Board of Elders shall set the agenda for Members Meetings. E. Robert s Rules of Order shall control the operation of Members Meetings, except where contradicted by other parts of this article. F. Congregational votes may be taken only at Members Meetings. G. The Congregation shall vote on the following matters: Provisional By-Laws of The Highlands Bible Fellowship 9

10 1. Decisions to appoint or remove Elders, 2. Decisions to call Pastoral Staff, 3. Decisions concerning Membership status, 4. Approval of Annual Budgets, 5. Decisions on rental or acquisition of property, 6. Amendment to these By-Laws or the Membership Covenant, 7. The Dissolution or Merger of the Church, 8. And any other matters that the Board of Elders determine it is prudent to put before the Congregation. H. There shall be no voting by proxy or absentee voting. I. All matters require a two-thirds majority vote of the Congregation, except where these By-Laws require a different threshold. J. Elections and other votes will be handled as follows: 1. No person, their spouse, parents, children, or siblings may vote in any matter related to them, including any matter in which they are nominated for an office, or in which they are the Complaining Member or the Complained Against Member in any Congregational Public Action in a Church Discipline proceeding (Article 13, E). 2. All candidates for church office or individuals facing charges should be treated with the grace, kindness, and honesty appropriate in evaluating fellow Church Members. 3. The voting process shall express that spirit of mutual trust, openness, and loving consideration that is appropriate within the body of our Lord Jesus Christ. 4. The following regulations will govern all elections or votes taken by the Congregation: a. The Chairman of the Corporation will lead the Congregation in a time of public prayer. Provisional By-Laws of The Highlands Bible Fellowship 10

11 b. The Chairman of the Corporation shall preside, shall regulate all time controls, shall field questions and motions, and at the appropriate time, immediately prior to the vote shall read the ballot and explain the mechanism by which the vote will be taken. c. Upon a seconded motion and a majority vote, the Chairman of the Corporation may be removed as the presiding officer. Another Church Member may then be selected to preside by a majority vote of the Congregation. d. Votes will be taken either by voice vote, a show of hands vote, or a secret ballot vote. The Board of Elders will determine the manner of vote. Upon a seconded motion and a majority vote of the Congregation, the manner of the vote may be changed. e. The Chairman of the Corporation and the Treasurer of the Corporation shall count the ballots unless they are implicated by the results of the election, in which case another Elder not directly implicated by the outcome, or the Assistant Treasurer, shall count the ballots. f. The result of the vote shall be announced exactly. K. Disciplinary Proceedings will be handled in accordance with Article 13 of these By- Laws. 1. In any matter involving charges against an Elder of the Church, the procedure for the removal of an Elder will be handled identically to the procedure utilized in determining a potential excommunication under Article 13 of these By-Laws, with the exception being that the default sanction against an accused Elder of the Church is removal from office instead of excommunication. 2. The Board of Elders may recommend additional Church Discipline against an accused Elder, but those sanctions must be voted on as a separate question from the question of whether he is to remain in office. 3. The uninvolved Elders will count the votes. The parties will be informed separately of the results of the vote. The Congregation will then be informed of the result of the vote. 4. If an Elder is removed from office, he will be rebuked publicly by a representative of the Board of Elders, pursuant to 1 Timothy 5: Provisional By-Laws of The Highlands Bible Fellowship 11

12 5. Any written statement read before the Congregation justifying the disciplinary action taken shall be available in writing to any disciplined person, should they request a copy. Article 8. Committees A. The Highlands Bible Fellowship will have two standing committees. B. The Logistics Committee. 1. The Logistics Committee will make recommendations related to purchasing or renting facilities for The Highlands Bible Fellowship. 2. This Committee will draw up an Annual Budget for The Highlands Bible Fellowship, which will be presented to the Board of Elders, and with their approval to the Congregation for final ratification. 3. This Committee, in consultation with all Elders not directly implicated by the outcome, will work to establish reasonable compensation for Pastoral and Administrative Staff, or any other person who renders services to the corporation designated to receive compensation by the Board of Elders in consultation with this Committee. 4. This Committee will be comprised of at least three and no more than five Church Members appointed by the Board of Elders, in addition to the Treasurer. The Elders of the Church may serve as ex officio members of this committee. C. Women s and Children s Ministry Committee. 1. The Women s and Children s Ministry Committee will make recommendations related to conducting women s and children s ministries of The Highlands Bible Fellowship. 2. The Board of Elders will appoint a chairwoman of The Women s and Children s Ministry Committee. 3. The chairwoman will appoint at least four committee members, all of whom shall be women, and at least two of whom shall be mothers of children of such age to be eligible to participate in the children s ministry of The Highlands Bible Fellowship. D. The Board of Elders may convene other committees as needed. Provisional By-Laws of The Highlands Bible Fellowship 12

13 E. The Board of Elders may assign additional tasks to these committees as needed. F. The Board of Elders shall exercise oversight over all committees. Article 9. Pastoral Staff A. The Board of Elders shall define Pastoral Staff positions and solicit applications in whatever manner it deems appropriate. B. Pastoral Staff shall meet the following qualifications: 1. They shall be biologically male. 2. They shall meet the qualifications articulated in 1 Timothy 3:1-7 and Titus 1: They shall meet any other qualifications articulated by the Board of Elders. C. Recommendations for Pastoral Staff shall be made to the Congregation by the Board of Elders, who will vote on the matter. Upon a two-thirds vote of the Congregation, a call and accompanying offer will be communicated to the Pastoral candidate for his acceptance. D. Pastoral Staff shall serve as Elders throughout the term of their employment. E. In the event a Pastoral Staff member is removed from the office of Elder under the procedure articulated in Article 7 K, he will be removed as a Pastor of The Highlands Bible Fellowship, and will be subject to any termination for cause provisions in his Employment Agreement. Article 10. Deacons A. The Highlands Bible Fellowship will have deacons on an ad hoc basis. B. The deacons will be appointed by the Board of Elders whenever it is determined to be expedient to do so. C. The individuals selected for the office of deacon will meet the qualifications articulated in 1 Timothy 3:8-13. D. The duties and term of a deacon appointment will be determined by the Board of Elders and can be concluded prior to the pre-determined time upon a majority vote of the Board of Elders. Provisional By-Laws of The Highlands Bible Fellowship 13

14 Article 11. Activities of the Church A. The Highlands Bible Fellowship will meet every Sunday for a Worship Service which will consist, at a minimum, of prayer, the public reading of Scripture, song, and the ministry of the Word. B. The Highlands Bible Fellowship will conduct communion open to all believers in good standing with their home church at least once per month, with a frequency and a format as defined by the Board of Elders. C. The Highlands Bible Fellowship will conduct baptisms upon a profession of faith of a believer and an interview with an Elder. Baptisms may be performed by men in good standing and need not be performed exclusively by Elders or Pastoral Staff. D. The Highlands Bible Fellowship will conduct other services or meetings at the discretion of the Board of Elders. E. The Highlands Bible Fellowship will conduct regular Members Meetings of the Church Members between three and six times per year. Special Members Meetings may be held with a majority vote of the Board of Elders or upon a petition signed by ten (10) Church Members. F. The Highlands Bible Fellowship will permit its Elders or Pastoral Staff to preside over weddings of Church Members in good standing whose relationships are in alignment with the Holy Bible and the Articles of Faith of The Highlands Bible Fellowship. Article 12. Officers of the Corporation A. The Highlands Bible Fellowship will have a Treasurer. 1. The Board of Elders will appoint a Church Member as the Treasurer of The Highlands Bible Fellowship. 2. The Treasurer will maintain the bank account of The Highlands Bible Fellowship. 3. The Treasurer will appoint an Assistant Treasurer who will assist him in counting donations made to the Lord via the offering box of The Highlands Bible Fellowship. 4. The Treasurer will make regular reports of the finances of The Highlands Bible Fellowship to the Board of Elders. Provisional By-Laws of The Highlands Bible Fellowship 14

15 5. The Treasurer will chair the Logistics Committee. 6. Pastoral Staff may not serve as Treasurer or Assistant Treasurer. B. The Corporate Members will elect a Chairman of the Corporation at the first meeting of Corporate Members of the year. 1. The Chairman of the Corporation will be an individual who will be foreseeably serving as an Elder for the next calendar year. 2. The Chairman of the Corporation may not be the Pastor. C. The Corporate Members may appoint other officers per year. Article 13. The Discipline of the Church The Highlands Bible Fellowship practices the discipline of the local church in accordance with the following procedures: A. Any Church Member who is guilty of conduct dishonoring the Lord Jesus Christ and does not show fruits of repentance is subject to the discipline of the church. B. Ordinary Procedure (Private Action). Church Discipline will ordinarily be handled pursuant to Matthew 18:15-17, in the following multi-step process. 1. In cases where a Church Member ( Complaining Member ) knows another Church Member has sinned ( Complained Against Member ), the Complaining Member should meet with the Complained Against Member privately to discuss the matter. (Cf. Philippians 4:2-3) a. If the Complaining Member and Complained Against Member are able to come to an understanding that either sin has not occurred or that repentance has occurred, that is the conclusion of the process. b. If the Complained Against Member refuses to listen to the Complaining Member, the Complaining Member should proceed to step If the Complained Against Member refuses to listen to the Complaining Member, the Complaining Member should bring one or two other individuals who have witnessed the fault, or agree with him, to address the situation privately. a. The Complaining Member should involve as few other people as possible in this situation. Provisional By-Laws of The Highlands Bible Fellowship 15

16 b. If the Complaining Member and Complained Against Member are able to come to an understanding that either sin has not occurred or that repentance has occurred, that is the conclusion of the process. c. If the Complained Against Member refuses to listen to the Complaining Member, the Complaining Member should proceed to step If the Complained Against Member refuses to listen to the Complaining Member and the witness(es), the Complaining Member should contact the Elders of the Church. The Elders of the Church will listen to the Complaining Member, the witness(es), and the Complained Against Member. The Elders of the Church will further investigate the matter. a. If the Elders of the Church determine that sin has not been committed, they will explain this determination to the Complaining Member and the witness(es) and that is the conclusion of the process. b. If the Elders of the Church determine that as far as they can tell that repentance has occurred, they will explain this determination to the Complaining Member and the witness(es) and that is the conclusion of the process. c. If the Elders of the Church determine that (1) sin has been committed and (2) that there are no fruits in keeping with repentance, the Elders will proceed to Public Action detailed in Article 13, E below. C. Extraordinary Procedure Related to Divisiveness. In the event that a member stirs up division within the church, the matter will be handled pursuant to Titus 3: In cases where a Church Member ( Complaining Member ) knows another Church Member ( Complained Against Member ) is persistently being divisive or factious, the Complaining Member should inform one of the Elders. 2. The Elders of the Church will listen to the Complaining Member, any witness(es), and the Complained Against Member. The Elders of the Church will further investigate the matter. a. If the Elders of the Church determine that sin has not been committed, they will explain this determination to the Complaining Member and the witness(es) and that is the conclusion of the process. Provisional By-Laws of The Highlands Bible Fellowship 16

17 b. If the Elders of the Church determine that as far as they can tell that repentance has occurred, they will explain this determination to the Complaining Member and the witness(es) and that is the conclusion of the process. c. If the Elders of the Church determine that (1) sin has been committed and (2) that there are no fruits in keeping with repentance, the Elders will give a private warning to the Complained Against Member. 3. In the event the Elders of the Church are made aware of a subsequent charge of divisiveness or factiousness against the Complained Against Member, the Elders of the Church will listen to the Complaining Member, any witness(es), and the Complained Against Member. The Elders of the Church will further investigate the matter. a. If the Elders of the Church determine that sin has not been committed, they will explain this determination to the Complaining Member and the witness(es) and that is the conclusion of the process. b. If the Elders of the Church determine that as far as they can tell that repentance has occurred, they will explain this determination to the Complaining Member and the witness(es) and that is the conclusion of the process. c. If the Elders of the Church determine that sin has been committed, the Elders will proceed to Public Action detailed in Article 13, E below. D. Extraordinary Procedure Subject to the Elders Discretion. In the event that the Elders of the Church are made aware of charges of serious sins of such a character that would be appropriate to proceed immediately to Public Action against an individual, including, but not limited to public sin, felonious criminal behavior, or gross doctrinal deviation (Romans 16:17), the Elders will investigate the matter thoroughly. If the Elders of the Church determine that sin has been committed, the Elders will proceed to Public Action detailed in Article 13, E.1, or if they unanimously deem it appropriate, Article 13, E.2, below. E. Public Action. Public action involves the open, public presentation of charges by the Elders against the member at a Members Meeting. There are two phases of Public Action: Telling It To the Church and Excommunication. 1. Telling It To the Church. The Elders of the Church will stand together before the Congregation at a Members Meeting and one of the Elders will read a statement Provisional By-Laws of The Highlands Bible Fellowship 17

18 explaining the nature of the sin, the investigation undertaken, and the steps taken so far. a. The Elders will explain that the purpose of this statement is to inform the Congregation so that they may prompt the Complained Against Member to repent. (Matthew 18:17) b. The Elders of the Church will continue to investigate the matter. c. If during this period of ongoing investigation it is determined that the Complained Against Member repents, the Elders of the Church will inform the Congregation of said repentance and inform them that the matter is closed. d. After a period of time deemed reasonable by the Elders of the Church the Complained Against Member has not repented, the Elders of the Church will proceed to Excommunication. 2. Excommunication. The Elders of the Church will again stand together before the Congregation at a Members Meeting and one of the Elders will read a statement reminding the congregation of the nature of the sin, the investigation undertaken, and the steps taken so far. a. The Elders will inform the Congregation of recommended sanctions against the individual in the event he is removed from membership. b. The Elders will respond to questions from the Congregation for a fixed period of time. c. The Complained Against Member will be given an opportunity to speak about the situation. The Complained Against Member will be given an opportunity to respond to questions from the Congregation. i. In the event the Complained Against Member does not attend the Members Meeting, this opportunity to speak and respond to questions will be deemed waived. ii. iii. No Complained Against Member may be represented by any other person or attorney during this period of time. The Complained Against Member has a right to read the charges against him and receive a written copy of the charges. Provisional By-Laws of The Highlands Bible Fellowship 18

19 d. The Congregation will take a vote. Upon a two-thirds majority vote, the Complained Against Member s membership in The Highlands Bible Fellowship will be terminated and the individual will be excommunicated. e. The effects of excommunication are as follows: i. The Elders of the Church will explain the Biblical texts on how an excommunicated individual should be dealt with to the Congregation. (1 Corinthians 5:9,11; 2 Thessalonians 3:6,14 15; 2 Timothy 3:5; Titus 3:10; 2 John 10). The Elders of the Church will be clear that excommunication is not the same as shunning, as practiced by some sects. Particularly, excommunication does not cancel family obligations. (Ephesians 6:1 3; 1 Timothy 5:8; 1 Peter 3:1 2). ii. iii. iv. The excommunicated individual is free to continue to attend the Worship Services of the church, unless the Elders recommended that he or she be barred from attending as part of the sanctions presented to the church. The excommunicated individual may not participate in communion, may not attend Members Meetings, may not hold office in The Highlands Bible Fellowship, may not receive any of the privileges of Church Membership, and should not be involved in the oversight of any church activities. If the Elders of the Church are aware the excommunicated individual is attending another church, they may contact that other church to inform them about the situation in writing. v. The Elders of the Church should maintain contact with the excommunicated individual or those close to him to see if repentance takes place. vi. vii. In the event the Elders of the Church determine that there are fruits of repentance, and the excommunicated individual so desires, he or she may again be joyfully received into Church Membership, as any new member would be admitted. Restoration to Church Membership is distinct from restoration to ministry in the church. Questions related to restoration to ministry will be handled privately by the Board of Elders. Provisional By-Laws of The Highlands Bible Fellowship 19

20 F. If at any stage in the church disciplinary process an individual resigns his Church Membership in The Highlands Bible Fellowship, that resignation will be communicated to the Congregation as being in the midst of a corrective process. G. The Discipline of the Church will be handled in a manner consistent with Scriptural purposes for corrective and restorative measures. 1. Church Discipline should be carried out because the Lord Jesus, the head of the church, commands it. (Matthew 18:15-17, Colossians 1:18, 2 Timothy 3:16-17, James 1:25) 2. Church Discipline should be carried out for the protection and purity of the local church. (1 Corinthians 5:1-13, Titus 3:10-11) 3. Church Discipline should be carried out to expose unrepentant wrongdoing. (Ephesians 5:11) 4. Church Discipline should be carried out in a manner that shows genuine Christian love to the disciplined individual. a. Church Discipline shows love to the disciplined individual by protecting the disciplined individual from the anger of the Lord. (Revelation 2:12-17) b. Excommunication can carry temporal and eternal consequences and Church Discipline should seek to compassionately warn the disciplined individual to avoid such consequences. (Matthew 18:19-20, 1 Corinthians 5:5, 2 Thessalonians 3:15, James 5:19-20) c. Church Discipline should be a loving process, meaning that it intends the good of all parties, and seek a restorative and beneficial effect in the life of the disciplined individual. Discipline should be characterized by a spirit of gentleness, not seeking to exact judgment which rightly belongs to God alone. (Galatians 6:1, Romans 12:19) 5. Church Discipline should be carried out in a way that presents a good witness for Jesus in the unbelieving world. (Matthew 5:13) 6. The local church, and its members, should always stand ready to forgive a genuinely repentant brother. Genuine repentance will be characterized by fruits in keeping with repentance, which the Board of Elders should continually seek. (Matthew 3:8, 18:21-22, Luke 17:3-4) Provisional By-Laws of The Highlands Bible Fellowship 20

21 H. Acknowledgment of this section and assent to its provisions is a qualification for admission to Church Membership. 1. Church Members, and individuals seeking admission to Church Membership in The Highlands Bible Fellowship, acknowledge that Church Discipline is a part of Church Membership at The Highlands Bible Fellowship, and that Church Discipline will be handled in a manner pursuant to this Article. 2. Church Members, and individuals seeking admission to Church Membership in The Highlands Bible Fellowship, acknowledge that Church Discipline can include public disclosures of private activities, and sanctions including, but not limited to: public rebuke, withholding communion, refusal to issue assurances to future churches that a member is in good standing, notice to future churches about unresolved Church Discipline cases, removal from office, or excommunication, as described above. 3. By virtue of submitting themselves for Church Membership, prospective members covenant that they, their legal representatives, agents, successors and assigns, will not sue or proceed in any manner, in agency or other proceedings, in law, equity, or otherwise, against The Highlands Bible Fellowship, its Elders, or its members, because of or arising out of an event of Church Discipline as described in this section. Members covenant that they forever renounce any claims or causes of action that might arise out of an event of Church Discipline as described in this section. If any provision of this section is deemed unenforceable for any reason, the remainder of this section will be severable and remain in effect. I. This Article may be amended only by a three-quarters vote of the Board of Elders. Any amendment to this article may not be applied ex post facto to an ongoing Church Discipline case. This section may not be amended. Article 14. Dispute Resolution A. In any dispute arising between Church Members, pastors, or staff pertaining to any matter of spiritual teaching or practices, church finances, or title to property purchased with church contributions, the dispute shall be resolved by the Board of Elders. A decision shall be reached after prayerful consideration, in a spirit of humility, with each Elder regarding one another before himself and striving to preserve the unity of the Spirit in the bond of peace (Ephesians 4:1-3). B. Members shall refrain from filing lawsuits against The Highlands Bible Fellowship and submit to Christian Alternative Dispute Resolution. In keeping with 1 Corinthians 6:1-8, all formal disputes, other than those which are subject to the jurisdiction of the Provisional By-Laws of The Highlands Bible Fellowship 21

22 Board of Elders in this article of these Bylaws, which may arise between any Member of the Church and the Church itself, or between any Member of the Church and any Elder, employee, volunteer, agent, or other Member of this Church, shall be resolved by mediation, and if not resolved by mediation, then by binding arbitration under the procedures and supervision of the Rules of Procedure for Christian Conciliation, Institute for Christian Conciliation, or similar faith-based mediation and arbitration group. In the event that the Institute for Christian Conciliation ceases to exist during the course of the existence of this Church, arbitration under this section shall be conducted according to the rules of the American Arbitration Association. Judgment upon an arbitration award may be entered in any court otherwise having jurisdiction. The parties each agree to bear their own costs related to any mediation or arbitration proceeding including payment of their own attorneys fees. Either party may file a motion seeking temporary injunctive relief from a court of competent jurisdiction in order to maintain the status quo until the underlying dispute or claim can be submitted for mediation or arbitration. C. If a dispute may result in an award of monetary damages that could be paid under a Church insurance policy, then use of the conciliation, mediation, and arbitration procedure is conditioned on acceptance of the procedure by the liability insurer of The Highlands Bible Fellowship and the insurer s agreement to honor any mediation, conciliation or arbitration award up to any applicable policy limits. The mediation, conciliation, and arbitration process is not a substitute for any disciplinary process set forth in these Bylaws, and shall in no way affect the authority of The Highlands Bible Fellowship to investigate reports of misconduct, to conduct hearings, or to administer Church Discipline. D. This Article may be amended only by a three-quarters vote of the Board of Elders. Any amendment to this article may not be applied ex post facto to an ongoing dispute. This section may not be amended. Article 15. Reports A. The Highlands Bible Fellowship shall maintain adequate and correct accounts, books, and records of its business and properties. B. Every Elder shall have the absolute right at any reasonable time to inspect all books, records, documents of every kind, and the physical properties of The Highlands Bible Fellowship. C. The Board of Elders will make regular reports of the financial situation of the church at least once per month in the bulletin. D. The Board of Elders will make detailed reports related to the ministry activities and financial situation of the church at least once per year at a Members Meeting. Provisional By-Laws of The Highlands Bible Fellowship 22

23 Article 16. Ratification These By-Laws shall be ratified upon the unanimous vote of the Members of the Steering Committee of The Highlands Bible Fellowship, pursuant to Texas Business Organizations Code Article 17. Amendment; Provisional Nature of These By-Laws These By-Laws are provisional. They are intended to be operable only for a temporary period and supplanted by permanent By-Laws. As a result, these By-Laws are amendable by the unanimous vote of the Board of Elders, or if the Elders deem it prudent, a two-thirds vote of the Congregation. Articles 13 and 14 may only be amended by a three-quarters vote of the Board of Elders. These By-Laws may be replaced by permanent By-Laws upon a two-thirds vote of the Congregation. Article 18. Dissolution The Highlands Bible Fellowship shall be dissolved upon a unanimous vote of the Board of Elders and a two-thirds vote of Church Members at a Members Meeting. Article 19. Restrictions Related to Non-Profit Corporate Status No part of the net earnings of the corporation shall inure to the benefit of, or be distributable to its members, trustees, officers, or other private persons, except that the corporation shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes set forth in this document. No substantial part of the activities of the corporation shall be the carrying on of propaganda, or otherwise attempting to influence legislation, and the corporation shall not participate in, or intervene in (including the publishing or distribution of statements) any political campaign on behalf of or in opposition to any candidate for public office. The corporation shall not carry on any other activities not permitted to be carried on (a) by a corporation exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code, or the corresponding section of any future tax code, or (b) by a corporation, contributions to which are deductible under section 170(c)(2) of the Internal Revenue Code, or the corresponding section of any future tax code. Upon the dissolution of the corporation, assets shall be distributed for one or more exempt purposes within the meaning of section 501(c)(3) of the Internal Revenue Code, or the corresponding section of any future tax code, or shall be distributed to the federal government, or to a state or local government, for a public purpose. Any such assets not so disposed of shall be Provisional By-Laws of The Highlands Bible Fellowship 23

24 disposed of by a Court of Competent Jurisdiction of the county in which the principal office of the corporation is then located, exclusively for such purposes or to such organization or organizations, as said Court shall determine, which are organized and operated exclusively for such purpose. Article 20. Indemnification If a legal claim or criminal allegation is made against a person because he or she is or was an Elder, officer, employee, or agent of the church, the church shall provide indemnification against liability and costs incurred in defending against the claim if the Board of Elders determine that the person acted (a) in good faith, (b) with the care an ordinarily prudent person in a similar position would exercise under similar circumstances, and (c) in a manner the person reasonably believed to be in the best interest of the church, and the person had no reasonable cause to believe his or her conduct was unlawful. At the discretion of the Elders, the church also may indemnify any person who acted in good faith and reasonably believed that his or her conduct was in the church s best interest and not unlawful. If a majority of the Elders is not available for an indemnification determination because of the number of Elders seeking indemnification, the requisite determination may be made by the membership or by special legal counsel appointed by the Congregation. Article 21. Hierarchy of Governing Documents If there is an apparent conflict within the governing documents of The Highlands Bible Fellowship, the dispute will be resolved based on the following hierarchy of such documents: 1. The Holy Bible, 2. The Articles of Faith of The Highlands Bible Fellowship, 3. The Articles of Incorporation of The Highlands Bible Fellowship, 4. The Membership Covenant of The Highlands Bible Fellowship, 5. The Provisional By-Laws of The Highlands Bible Fellowship. Provisional By-Laws of The Highlands Bible Fellowship 24