As Revised and Accepted: July 27, 2014 DAVIS MOUNTAINS COMMUNITY CHURCH CONSTITUTION AND BY-LAWS PREAMBLE We, the members of the Davis Mountains Community Church, a Holy Spirit-led body, eager to respond more effectively, faithfully, and obediently to the gospel, through the power of the love of God in Jesus Christ, our Lord, through His salvation and in obedience to the holy scriptures, do hereby adopt this constitution and these by-laws this 27th day of July, 2014, as a revised edition to all previous constitutions and by-laws of this organization. CONSTITUTION ARTICLE I: NAME, DESCRIPTION AND PURPOSE OF ORGANIZATION SECTION A: NAME AND DESCRIPTION THE NAME of this congregation is the DAVIS MOUNTAINS COMMUNITY CHURCH, located at 500 Tomahawk Trail in the Davis Mountains Resort, Fort Davis, Texas. This church is non-denominational and is not affiliated with any other church, governing body or organization. SECTION B: PURPOSE THE PURPOSE of this congregation shall be to study God’s holy word (Study to show thyself approved unto God, a workman that needs not to be ashamed, rightly dividing the word of truth. (II Timothy 2:15) to worship our Lord (Come, let's worship him and bow down. Let's kneel before the LORD who made us, because he is our God and we are the people he takes care of and the sheep that he tends. Psalm 95: 6-7, NiV) to promote personal salvation of all according to the scriptures "Neither is there salvation in any other; for there is no other name under heaven, given among men, whereby we must be saved.” (Acts 14:12) to serve the community in the name of our Lord. “Even so let your light shine before men, that they may see your good works, and glorify your Father Who is in Heaven:” (Matthew 5:16) “… I try to please everyone in every way. For I am not seeking my own good but the good of many, so that they may be saved”. (1 Cor. 10:33). ARTICLE II: MEMBERSHIP AND BAPTISM SECTION A: REQUIREMENTS FOR MEMBERSHIP MEMBERSHIP SHALL be based on the applicant’s adoption of the Statement of Faith which follows and applicant’s agreement to abide by the principles expressed in Micah 6:8 (“…to act justly and to love mercy and to walk humbly with your God.”) Page 1 of 7 As Revised and Accepted: July 27, 2014 STATEMENT OF FAITH I believe and accept God the Father Almighty, Maker of heaven and earth, And in Jesus Christ, His only Son, our Lord, who was conceived by the Holy Ghost, Born of the Virgin Mary, suffered under Pontius Pilate, was crucified for my sins, Died and was buried; On the third day He rose from the dead; He ascended into heaven and sits on the right hand of God the Father Almighty, from where He shall come to judge the living and the dead. I further believe that Jesus Christ is my Lord and Savior and I will follow his commandments as stated in Matthew 22:37-40: “Jesus replied: ‘Love the Lord your God with all your heart and with all your soul and with all your mind. This is the first and greatest commandment. And the second is like it: ‘Love your neighbor as yourself.’ All the Law and the Prophets hang on these two commandments.” (NIV) SECTION B: MEMBERSHIP Membership of this congregation shall consist of those who are now members of the congregation as of the signing of this Constitution and By-Laws and those of any or no denomination who shall request membership, expressing their adoption of the Statement of Faith. Dual membership shall be allowed EXCEPT for full time residents of the Davis Mountains Resort. Full time residents shall be defined as those persons living in the Davis Mountains Resort at least nine of every twelve months of the year. A MEMBERSHIP ROSTER shall be kept by the Secretary of the Church. New members shall be added to the roster after they have met with the minister expressing their desire for membership and their acceptance of the Statement of Faith. Members shall be removed from said roster at their request, in the event of death of the member, or in the event that the church has lost contact with the member for a period of one (1) year. SECTION C: VOTING PRIVILEGES Voting privileges go to members of this church who are 18 years of age or older and who have been a member Davis Mountains Community Church for at least 30 days previous to voting. There will be absolutely no absentee or proxy votes, only the votes of those present the day of voting will be considered. All voting will be by numbered paper ballots. SECTION D: BAPTISM An individual should be able to request baptism and the method of baptism desired. If performed by the minister of Davis Mountain Community Church, this baptism shall be performed according to the conviction of the minister. However, the Church shall accept other forms of baptism. ARTICLE III: TRUSTEES AND OFFICERS SECTION A: TRUSTEES ELECTION AND TERM OF SERVICE Trustees, of which there should be no fewer than five nor more than seven, shall be elected by the membership qualified to vote. The Trustees’ office terms are for staggered four-year periods. Every two years on even numbered years, the membership qualified to vote shall elect Trustees to fill the expired and/or vacated terms. All members of the Board of Trustees shall serve in a volunteer capacity. SECTION B: EXECUTIVE OFFICERS The following officers shall be elected by the Trustees every two years when a new Board convenes, or more often to fill vacancies. Chairman of the Board of Trustees Vice-Chairman of the Board of Trustees Page 2 of 7 As Revised and Accepted: July 27, 2014 Secretary Treasurer Meetings of the Board of Trustees shall be held with the admonition of 1 Corinthians 14:40 “Let all things be done decently and in order” clearly in mind and in accordance with Robert’s Rules of Order. SECTION C: DUTIES OF TRUSTEES The Trustees are charged by the membership with the duty of conducting the business affairs, planning and executing the programs of the church. The Trustees receive their authority from and will function by the Constitution and By-Laws. The actions of the Trustees are at all times subject to a Congregational vote of approval or disapproval in accordance with the Constitution and By-Laws, and the ultimate authority in matters of business, planning and executing programs of the Church shall rest with the membership. Every two years, at the regular expiration of Trustees’ terms, the Board of Trustees shall present a slate of Preferred Candidates for Trustee at the July Congregational Meeting to elect new trustees. At the time such presentation shall occur, nominations from the floor are acceptable, providing the member so nominated shall have previously agreed to be nominated and meets the qualifications to serve as Trustee. The Board of Trustees, working as a whole, is responsible for overseeing the cleaning and general maintenance work done in and around the church. SECTION C: QUALIFICATIONS OF TRUSTEES All members of the Board of Trustees shall be members of the Davis Mountains Community Church according to the definition of membership noted above (Section B: Membership), and must have been members of this church for at least six (6) months. Only one person at a time per immediate family can serve on the Board. SECTION D: DUTIES OF THE OFFICERS CHAIRMAN of the Board of Trustees shall preside at all meetings of the Board of Trustees. Chairman shall keep order according to Robert’s Rules of Order. Chairman of the Board shall be in charge of making all changes to signature requirements, whether for banking or purchasing, within one week of any needed change. VICE-CHAIRMAN of the Board of Trustees shall preside at all meetings of the Board of Trustees at which the Chairman is unable to preside. When Vice-Chairman is presiding he/she shall have all powers and duties of Chairman. SECRETARY of the Board of Trustees shall keep notes of all meetings, transcribe and present said notes in standard form at each meeting of the Board of Trustees, and shall retain said MINUTES, as corrected in the meeting, in a permanent, chronological file. Secretary of the Board of Trustees shall keep a chronological file of all governing documents of this church, including past and current copies of the CONSTITUTION AND BY-LAWS. It shall be the duty of the Secretary, should he/she be temporarily unable to fulfill his/her duties to appoint, from among the Board of Trustees, a temporary substitute for necessary notes and transcriptions. TREASURER of the Board of Trustees shall keep and maintain all financial records for the Davis Mountains Community Church, including an ongoing ledger of ASSETS, INCOME AND EXPENSE, the checkbook and records pertaining to the Certificate of Deposit(s). Under NO CIRCUMSTANCES will Treasurer allow any check of the Davis Mountains Community Church to exist in a signed, but incomplete, condition. Chairman of the Board, Vice Chairman OR Treasurer shall be allowed to sign checks and make deposits. SECTION E: DISMISSAL OF TRUSTEE Page 3 of 7 As Revised and Accepted: July 27, 2014 Trustees of the Board shall be liable to dismissal at the discretion of the Chairman of the Board acting on behalf of the general Board for the following reasons: 1. 2. 3. Behavior by a Trustee of the church which is contrary to the spirit of the Statement of Faith or which is deemed, by the general Board of Trustees, as detrimental to the effectiveness and reputation of the Church. 1 Thessalonians 5:22 “Abstain from all appearance of evil.” When such dismissal is accomplished, the office shall be declared vacant and subject to refilling. Dismissal action requires approval by a majority of the board members present. In the event of a dismissal, resignation, or death of any Trustee of the Church, the Trustees shall, at their own discretion, appoint a member of the Church to serve out the remaining term of the vacant office until such time as the next scheduled election. Missing any six meetings per year results in dismissal of Trustee. ARTICLE V: THE MINISTER SECTION A: ROLE OF THE MINISTER THE MINISTER of the church shall, in communication with the Board of Trustees, encourage orderly procedures in the life and work of the Church through preaching of the scriptures and use of the Constitution and By-Laws. Minister gives copies of Constitution and By-Law to PROSPECTIVE members. SECTION B: SELECTION OF MINISTER The minister shall be chosen by the church membership as herein provided: 1. 2. 3. 4. 5. The Trustees shall take under consideration any applications for minister obtained through ministerial alliances, advertising or word of mouth. Applicants considered shall preach at least three (3) times before the consideration is handed over to a vote of the membership. The recommendations of the Trustees must be accepted by at least a majority of church members who are present and qualified to vote in a regular or special called meeting of the membership before a call to the minister may be extended. Votes will be by numbered paper ballot. The duration of the term of service of the minister shall be unspecified and may be terminated by either party upon sixty (60) days’ notice. A written statement setting forth the salary to be paid and other benefits, if any, shall be made in duplicate: one copy for the minister and one copy for the Church secretary. A temporary, week-by-week Minister shall be chosen by the Board of Trustees in the absence of a regular Minister. Recompense for said Temporary Minister is included in document RECOMPENSE FOR TEMPORARY SERVICE. SECTION C: MINISTER’S SERVICE ON BOARD OF TRUSTEES Minister of the church shall be allowed to sit with the Board to make suggestions, but not make or second motions or vote. SECTION D: REVIEW OF MINISTER’S SALARY Details of Minister’s salary and benefits are included in AGREEMENT TO HIRE. SECTION E: RESIGNATION OF THE MINISTER Page 4 of 7 As Revised and Accepted: July 27, 2014 Resignation of the minister shall be submitted to the Trustees in writing prior to notification of the membership. The Chairman shall announce the resignation to the membership. Minister should give Chairman of the Board of Trustees at least six weeks written notice of his intention to resign, if possible. The membership and the minister shall remember that their relationship is more than a mere contract and conduct themselves accordingly in the spirit of our Lord. ARTICLE VI: AMENDMENTS The Constitution or its By-laws may be amended at any annual business meeting of the membership by a majority of the members qualified to vote and present, provided that the proposal has been read or distributed to those present on each of two immediate Sunday morning services before the vote is taken. ARTICLE VIII: CEMETERY USE AND MAINTENANCE SECTION A: OWNERSHIP The cemetery located adjacent to the Davis Mountains Community Church and located on Lot 10, Block 2 in the Davis Mountains Resort, Jeff Davis County, Texas, the address of which is 500 Tomahawk Trail, Fort Davis, Texas 79734, is owned and governed entirely by the Davis Mountains Community Church and provisions in Article VIII (Cemetery Use and Maintenance) may be altered as deemed necessary by the Board of Trustees of the Davis Mountains Community Church. There are approximately 120 plots sectioned out in the cemetery. SECTION B: RIGHTS FOR BURIAL Davis Mountains Resort property owners and their significant others and children of property owners who have lived here when property was owned, as long as plots were reserved while the property was owned, may be buried in the cemetery adjacent to Davis Mountains Community Church. A plot reservation register is kept at the Davis Mountains Community Church. There is no plot cost to owners of property in the Davis Mountain Resort for their plots. Davis Mountains Community Church is not liable for any costs for burial expenses (including, but not limited to, grave digging, funeral home services, memorial dinners, and tombstones). Such expenses must be met by the survivors of the deceased. SECTION C: MAINTENANCE OF CEMETERY IN GENERAL AND INDIVIDUAL PLOTS IN PARTICULAR General mowing, weed eating and tree trimming will be accomplished on a volunteer basis (contact chairman of Board of Trustees) at least twice a year and more often if it is necessary. Only the cemetery grounds, fence line and tombstones marking individual or family plots will be maintained. For that reason, beginning July 1, 2014, a YEARLY donation of $10.00 per plot RESERVED or OCCUPIED would be appreciated. This fee is to cover things like mowers, blades, weed eaters, chainsaws and repairs. Page 5 of 7 As Revised and Accepted: July 27, 2014 Because there is limited space in the cemetery (approximately 120 plots) it is imperative that those property owners moving away, dying and buried elsewhere, or others who no longer need space in the cemetery advise the Davis Mountains Community Church so that any reservations for plots or plots not to be used for any other reason be made available to other persons. A diligent effort will be made to locate those reserving lots. Page 6 of 7 As Revised and Accepted: July 27, 2014 BY-LAWS I. II. The church year shall run from July 1 to June 30. The Board of Trustees shall: A. Hold monthly meetings at a time and place determined as most convenient by the Trustees. B. Hold special meetings on the call of the chairman or at the request of the majority of the members of the Board of Trustees. C. Consider a majority of the occupied trustee’s positions present as constituting a quorum. D. Observe the following agenda with business meeting rules governed by “Robert’s Rules of Order”: 1. 2. 3. 4. 5. 6. 7. 8. 9. III. Procedures for administering the church programs shall be as follows: A. B. C. IV. Establishment of Quorum Meeting Called to Order Prayer Reports of Secretary, Treasurer Discussion of old business on agenda Discussion of new business on agenda Members’ general comments Comments of pastor and visitors Adjourn with prayer The administration of the various church programs shall be delegated to special committees as needed and shall be under the oversight of the Board of Trustees. Each committee shall organize itself to study its responsibilities, plan its programs, meet regularly to attend to its business, discuss objectives, evaluate is programs, and submit reports to the Board of Trustees. The Board of Trustees, upon receiving and approving the committee report may, at its discretion, submit the report to the membership qualified to vote, for final approval. Most recent Constitution and By-laws supersede all previous. Current changes were made under the auspices of: Board of Trustees Robert Tyree, Chairman Jimmy G. George, Vice-Chairman & Temporary Treasurer Wretha Smith, Secretary Sue Low, Member David King, Member Karen Rhea, Member Lloyd L. Low, Minister Page 7 of 7