The Constitution
Adopted March 3, 2008
In the name of the Father and of the Son
and of the Holy
Spirit. Amen.
PREAMBLE
We form this institution
of
training and
learning to serve God faithfully by
lifting up
people of the Church who feel
a sense of call
from God to serve
as ministers and
pastors in the Office of Public Ministry. The education
provided in this academy will
adhere to the Word of God as contained
in
the Holy Scriptures and their correct interpretation as declared through
the Lutheran Confessions as contained
in
the Book of Concord. By the
adoption of this constitution, we form this academy of learning in order
to train and educate people of the Church to proclaim the Gospel of
Jesus Christ and serve as ministers and pastors in the congregations
of the Lutheran Church.
ARTICLE 1
Name and
Incorporation
1.01 The name of this institution shall
be
Beyond the River Academy.
For purposes of this constitution, Beyond the River Academy may
also
be designated as “the Academy.”
1.02 Beyond the River Academy is incorporated and has its Articles of
Incorporation filed under the laws of the State of Minnesota.
Article 2
Statement of Faith
2.01 We at the Academy believe, confess, and teach the Triune God,
Father, Son, and Holy Spirit.
2.02 We believe, confess, and
teach Jesus Christ as Lord and Savior
and the sole source of salvation for a sinful humanity.
2.03 We believe, teach, and
accept the canonical
Scriptures of the Old
and New Testaments as the inspired Word of God and
the sole authoritative
source and norm of our proclamation, faith, and life.
2.04 We believe, teach, and
stand
by
the confessional
writings in the
Book of Concord as true witnesses to the Word of God, the standard for
our teaching and practice.
Article 3
Governance
3.01 The Academy is governed
by
a board made up of ordained Lutheran
pastors and committed
lay
people who have demonstrated
a flair for living
in grace.
3.02 Subject to the limitations imposed
by
this constitution and the
by-laws of the Academy, the business and affairs of the Academy shall be
under the direction of the Governing
Board.
3.03 Membership of the Academy shall abide by the directors herein put
forth by this constitution and by-laws.
Article 4
Membership
4.01 The Academy shall consist of a membership that includes individual
contributors, elected representatives from contributing congregations and
organizations, graduates of the Academy, and those designated by the
Governing Board to serve the needs of the Academy.
Article 5
Amendment of Constitution and By-laws
5.01 An amendment
to
this constitution
may
be proposed in
writing by
any member of the Governing Board.
5.02 Any constitutional
amendment must be ratified by two-thirds
majority vote of the Governing
Board members in
and through a properly
scheduled meeting.
5.03 By-laws are not to be in conflict with the constitution
of
the Academy.
5.04 By-laws are to be amended
by
the Governing Board of the Academy
provided that all such
by-laws are approved by a two-thirds majority of
the Governing Board.
The By-laws
Adopted March 3, 2008
By-law Section
1 —
Statement of Purpose
BL 1.0 The purpose of Beyond the River Academy is to offer a
practical means by which Lutheran congregations can raise up from
within their own number, or acquire from resources outside themselves,
persons who exhibit a sense of call by God to serve in the Office of Public
Ministry as ministers under contract call or ordained
pastors according to
the Word of God in the Holy Scriptures.
BL 1.02 The Academy teaches that adherence to the confessions of the
Lutheran Church contained
in the Book
of
Concord
is
a true and
correct
interpretation to the authority of God’s Word.
BL 1.03 To train and teach
persons in specific arenas of education
that
will equip them to serve a congregation
in
the Office of Public Ministry.
BL
1.04 Said organization is organized
exclusively for charitable,
religious, educational, and scientific purposes,
including, for such
purposes, the making of distributions to organizations
qualifying as an
exempt organization from Federal income tax under section 501 (c)
(3)
of the Internal Revenue Code, or
corresponding section of any future
Federal Tax code.
Adopted
9/15/2010
By-Law Section 2 — Objectives
BL 2.01 Review individual applicants to the Academy through a Review
Board appointed by the Governing Board.
They will examine the
applicant’s submitted forms and with a scheduled
interview determine
on the basis of education, experience, and
personal
gifts the needs of
each individual applicant in the Academy.
BL 2.02 The student will
complete the required course of instruction at
the Academy and
receive a Certificate
of
Completion stating their
qualification for service in Christian ministry.
BL 2.03 The student who has completed
their study at the Academy will
have a complete background check run on their recent history to determine
the presence of any criminal felonies or sexual
improprieties. The
Governing Board will review the Academy records, including instructors’
comments, and determine the student’s readiness for parish ministry.
Once qualified, the name of the student will be submitted
to
a Lutheran
Congregations in Mission for Christ (LCMC) district as ready for call
by
a congregation.
BL 2.04 The Academy will offer assistance and
information helpful in the
process of a congregation seeking a person for call.
BL 2.05 Following placement
in
a congregation, the Academy will
assign a
mentor so the new contract minister can have support in fulfilling the call
to
serve in a congregation.
BL 2.06 The Academy will offer its individual classes for audit by
persons interested in taking them for personal
growth.
Such audits
do not qualify one for contract call.
BL 2.07 The Academy will provide classes in continuing education
open
to any interested persons for spiritual, theological, and personal growth
in Christ
and
the Word of God regardless of denomination affiliation.
By-law Section
3 —
Organization (Procedures)
BL 3.01 The Governing Board will
appoint a Review Board
made up of
Academy personal, as specified in 4.01 of the constitution.
BL 3.02 The Review Board will have five to seven members appointed
by the
Governing
Board, serving a three year term without
limits.
BL 3.03 When the Review Board sits in session, a minimum of three
members must be present to interview the potential Academy applicant.
BL 3.04 There shall
be
no specific quotas for service on Academy boards
or future adopted structures.
By-law Section
4 —
Governing Board
BL 4.01 There shall
be
five (5) to seven (7) members of the Governing
Board.
BL 4.02 There shall
be
no voting by proxy or absentee ballot by
members of the Governing Board.
BL 4.03 Meetings of the Governing
Board shall be held
regularly and
determined prior to the close of any scheduled meeting.
The president
may Call a special
meeting of the Governing Board with the consent of a
majority of the board
members. When a meeting
is
scheduled, board
members will
be
notified by emails and/or phone contact.
a. Any board member who expresses a need
for a meeting must make
the request of the president.
BL 4.04 A member of the Governing
Board
may be removed
for cause
by a two-thirds vote of the remaining board members, following written
notice to the board member of the grounds for removal.
BL 4.05 Vacancies on the Governing Board resulting from death,
resignation, or removal of a board member may be filled
by
the affirmative
vote of a majority of the remaining board members.
BL 4.06 The Governing Board may, by resolution, establish committees
and boards to conduct the affairs and business of the Academy.
BL 4.07 Except
as otherwise provided by the constitution, the by-laws
and continuing resolutions, if any,
of this Academy, rules of parliamentary
procedure as set forth in the current edition of Robert’s Rules of Order
shall govern the protocol of this Academy.
BL 4.08a In the event Beyond The River Academy in dissolved as an
educational institution, the following division of assets will take place:
1) online course materials shall become the property of respective
teachers, 2) all outstanding bills will be paid from the treasure,
3) uncompleted courses will be refunded on a prorated basis,
4) faculty compensation will be paid proportional to the work completed,
and 5) any amount remaining in the treasury will be donated to the pastor
training fund maintained by LCMC.
Adopted 6/25/2010
BL 4.08b. No part of the net earnings of the organization shall inure to the
benefit of, or be distributable to its members, trustees, officers, or other
private persons, except the organization 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 the purpose of the organization shall be the carrying on of propaganda
,
or otherwise attempting to influence legislation, and the organization shall
not participate in, or intervene in (including the publishing or distribution of
statements) any political a campaign on behalf of any candidate for public
office. Notwithstanding any other provision of this document, the organization
shall not carry on any other purpose not permitted to be carried on
(a) by an organization exempt from Federal income tax under section
501 (c) (3) of the Internal Revenue Code, or corresponding section of any
future Federal tax code, or (b) by an organization, contributions to which
are deductible under section 170 (c) (2) the Internal Revenue Code, or
corresponding section of any future Federal tax code.
Adopted
9/15/2010
BL
4.08 c.
Upon the dissolution of the organization, assets shall be
distributed
for one or more exempt purposes within the meaning of the
section 501 (c) 3 of the Internal Revenue Code, or
corresponding section
of any future Federal
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 disposed
of shall be disposed of by the Court of Common
Pleas of the county in which the
principal office of the organization 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 purposes.
Adopted
9/15/2010
By-law Section
5 — Academy Officers
BL 5.01 The Academy shall have as its officers a president, a vice-president,
a secretary, and a treasurer and
such other officers as the Governing
Board shall, from time to time, create.
BL 5.02 All
officers shall
be
elected
by
the Governing
Board from among
the board’s members.
BL 5.03 The board
shall select an individual to perform the responsibilities
described in Minnesota Statutes Chapter 317A applicable to the president
of the corporation.
BL 5.05 The secretary shall serve as the recording officer of the Academy,
shall keep the minutes, have responsibility for records, and
other
documents of the Academy, and
such other duties as may be assigned
to the secretary by the Governing
Board.
BL 5.06 The treasurer shall propose policy for review in action
by
the
Governing Board of the financial, accounting, insurance, and
money
management systems of the Academy.
BL 5.07 Should the president of the Academy not be unable to serve, the
vice-president shall
be
charged with the responsibilities of the president
until the election of a new president or until the president is able to resume
serve.
BL 5.08 Should the vice-president, secretary, or treasurer not be unable to
serve, the president, with the approval of the Governing
Board, shall
arrange for the election of a new officer by the Governing
Board to fulfill
the responsibilities of the position.
By-Law Section 6 — Amendment
of
By-Laws
BL 6.01 The by-laws of the Academy may be amended
at
any regular
meeting of the Governing
Board where the amendment
to
the by-laws
has been presented in
writing by the board member proposing it ten days
prior to the meeting.