THE FIRST UNIVERSALIST CHURCH OF ESSEX

 

BY-LAWS OF THE FIRST UNIVERSALIST CHURCH OF ESSEX

 

ARTICLE I NAME

The name of this organization is The First Universalist Church of Essex, Massachusetts.

 

ARTICLE II OBJECT

The objectives of the Church are the furtherance of the principles of the Unitarian Universalist faith, service of the community through love and social justice, regular provision of acts of worship, and the spiritual growth of its members.

(The 1948 version read: ‘The object of this Church shall be the maintenance and furtherance of the principles of the Universalist faith, the service of the community through love, the worship of God as the Universal Father and the application of the teachings of Jesus to daily life.’)

 

ARTICLE III ALLEGIANCE

This Church acknowledges its membership in the Unitarian Universalist Association (UUA) and regards itself pledged to cooperate in such measures for fostering and extending the work of the UUA as this parent body may recommend and the First Universalist Church of Essex deem advisable.

 

ARTICLE IV MEMBERSHIP

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Section 1. Any person who has signed the old Parish Record Book in the portion designated shall be automatically a member of the Church when these by-laws come into effect. 

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Section 2. Any person elsewhere recorded as a “Church Member” shall be automatically a member of the Church when these by-laws come into effect. 

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Section 3 Any person known to have been baptized in this Church or who has admittedly been in active participation prior to the time of the adoption of these by-laws shall be considered a member. 

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Section 4. This section blank - obsolete section deleted.

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Section 5. Members of the Church eighteen (18) years of age or over shall have the power of voting on all matters and shall be eligible to hold elective and appointive office. Members of the Church under eighteen (18) years of age shall have the right of expression at any business meeting. 

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Section 6. Any member may dissolve his/her membership with the Church by filing with the secretary a written resignation. 

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Section 7. Church members whose addresses have long been unknown or who for a period of two (2) years have not communicated to the Church or contributed to support may, by vote of the Board of Trustees, be transferred to the inactive list or retired membership roll. From the date of such transfer, such persons shall cease to be reported on the active membership roll. If after the expiration of one (1) year, their addresses are still unknown, or they are unwilling to renew their active connection with the Church, their names may be dropped from the roll by a further vote of the Board of Trustees. 

 

Section 8. New members may be received in any form that is pleasing to themselves and acceptable to the Minister or the Board of Trustees providing they make their desire for fellowship known by word of mouth or in writing. 

Section 9. Any Person is welcome to join. The Church does not discriminate on the basis of race, class, nationality, beliefs, gender (inclusion of gender identity), or sexual orientation. 

 

ARTICLE V BOARD OF TRUSTEES, OFFICERS

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Section 1. The Officers of this Church shall be Moderator, Secretary, and Treasurer, each to be elected annually at the Church meeting. 

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Section 2. Trustees shall be elected as follows: two (2) for a term of one (1) year, two (2) for a term of two (2) years, two (2) for a term of three (3) years, thereafter annually two (2) Trustees shall be elected for a term of three (3) years. In addition, there is a Story and Memorial Fund that has three (3) Trustees, one of whom is elected annually for a 3-year term. Thus, there is always one (1) Trustee with a three (3) year term, one (1) with (2) years remaining, and one (1) with one (1) year remaining. The Memorial Fund Trustees will meet annually or more often if warranted. 

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Section 3. A person who has served four (4) consecutive years as Moderator shall not be eligible for reelection or for election as a Trustee until the expiration of one (1) year. A person elected to two (2) consecutive terms of three (3) years as a Trustee shall not be eligible for reelection as a Trustee until the expiration of two (2) years from the end of the second term.

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Section 4. Vacancies in any office, election to which is vested in the Church, may be filled by the Board of Trustees until the next annual meeting when the Church shall fill the vacancy. 

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Section 5. If, after being duly elected, any Officer or Trustee shall fail to fulfill the obligations of his/her office or shall by deliberate and obviously intentional neglect refuse to attend meetings they may be asked by the Board of Trustees either to assume his/her duties or resign. If said Officer or Trustee does not comply with either request, the Board of Trustees is obligated to dismiss said person and choose a successor under the terms of Section 4. No such Officer or Trustee shall be subject to such action unless the individual in question has not attended a meeting for three (3) months or more without reasonable excuse. 

 

ARTICLE VI ADMINISTRATION

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Section 1. The affairs of this Church shall be administered by the Board of Trustees consisting of the Moderator, Secretary, Treasurer, and six (6) Trustees. This Board shall have general charge of the administration of the Church and the care of all its properties. Between meetings of the Church, it shall have the powers of the Church itself, except such as are specifically reserved by law or by these by-laws; provided, however, that the Board of Trustees shall not authorize the conveyance or mortgaging of the real estate belonging to the Church, or enter into a contract or obligation involving the expenditure of an amount in excess of seven thousand dollars ($7,000) without a vote of the Church approving the same. The title to all properties owned by the Church shall be vested in the Church and shall be under the control of the Board of Trustees. The Board shall have the authority to employ and dismiss any and all employees of the Church except the Minister, in which case the provisions of Article IX shall apply. 

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Section 2. The Moderator of the Church and the Secretary of the Church shall act as Chairperson and Secretary of the Board of Trustees except in such cases in which for some reason the Board may choose to elect from its members another Chairperson and Secretary. 

Meetings of the Board shall be held regularly every month, except July and August, and may be held then upon call of the Moderator or Secretary or by petition of three or more members of the Board. Seven days’ notice of such special meetings of the Board shall be required and mailed notice shall include a statement of the business to be transacted. 

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Section 3. Six (6) members of the Board shall constitute a quorum. Less than that number may adjourn a called meeting. 

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Section 4. The Moderator shall preside at all meetings of the Church. In the absence of the Moderator, a Moderator Pro-Tem will be chosen from among the Trustees by the Moderator or the Secretary. 

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Section 5. The Secretary shall give notice of all meetings of the Church and shall keep an accurate record of the proceedings of all meetings of the Church and of the Board of Trustees. The Secretary shall notify all Officers of their election. The Secretary shall maintain a complete set of all books, papers, and records of the Church on Church premises with the exception of financial records and personnel files. These records shall be kept in proper order and copies provided for review as requested by the Board. Any member of the Church may at any time request the privilege of reading the minutes of the meetings of the Board and the Secretary shall grant this request. 

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Section 6. The Officers of the Church shall have joint custody of all funds of the Church except such as have been placed in custody of specific committees. The Treasure shall keep an accurate record of all receipts and disbursements and bills payable and shall pay such bills that have been approved by the Board. The Treasurer shall render financial statements to the Church at each annual meeting and to the Church and Board at such other times as they may be requested. The Treasurer shall deposit money in the name of the Church and in such banks as the Board may direct. The Treasurer shall have custody of all insurance policies and all evidences of property belonging to the Church. The Treasurer shall give bond with surety or sureties as may be required by the Board. The Treasurer’s accounts shall be audited at least once a year by a qualified member selected by the Board.

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Section 7. The Board shall appoint a Registrar to assist the Secretary to keep a record of all members of the Church with the dates of their admission, withdrawal, or decease. The Registrar shall keep a record of all christenings/dedications, marriages, funerals, and other religious ceremonies of the Church as the Church or Board may require. 

 

ARTICLE VII MEETINGS

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Section 1. The annual meeting of the Church for the election of Officers and Trustees and the transaction of business shall be held on the first Sunday in May at such time and place as the Board of Trustees shall designate. Special meetings may be called by the Secretary at the request of the Board of Trustees or upon written request of at least twenty (20) members of the Church or upon written request of the Minister and ten (10) members of the Church and shall be for such purposes only as are designated in the notice calling the meeting. 

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Section 2. The Secretary shall send notice of all meetings of the Church to each active member of the Church on record at least seven (7) days before the time of the meeting.

 

ARTICLE VIII QUORUM

Twenty percent (20%) of the members of the Church qualified to vote shall constitute a quorum at any business meeting of the Church. A lesser number than a quorum may adjourn the meeting. 

 

ARTICLE IX MINISTER

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Section 1. The Minister shall be responsible to the Church and to the Board of Trustees for the effective performance of his/her work. He/she shall render such reports as the Board may require. He/she shall be chosen and his/her salary determined by a vote of the majority of Church members attending the annual or a special meeting and a vote of the majority of Church members attending the annual meeting or a special meeting shall be necessary for his/her dismissal’. These matters, however, may be delegated to the Board or to a specifically elected committee of five (5) or more by a two-thirds (2/3) vote of the Church members attending the annual meeting or a special meeting. In case of vacancy, the Board shall have the power and the responsibility to provide temporarily for ministerial services. 

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Section 2. When a Minister is engaged, the relationship shall continue until at least one (1) month after either of the contracting parties has given notice in writing of the desire to discontinue the relationship unless both parties shall agree otherwise. 

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Section 3. Persons called as Ministers of this Church need not necessarily be in fellowship with the UUA. The privilege of the pulpit shall be open to clergymen, lay preachers and others of any faith, race, or creed whatsoever at the discretion of the Minister and/or the Board and/or the petition of ten or more Church members. 

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Section 4.  This section blank – obsolete section deleted.

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Section 5. If section 2 of this article should conflict with the calling agreement between the Minister and the Church the terms of the calling agreement shall prevail. 

 

ARTICLE X RELIGIOUS SERVICES

The Minister, with the approval of the Board of Trustees and with the assistance of such committees as may be appointed, shall establish and maintain such religious services, ceremonies, and observance as may be deemed appropriate.

 

ARTICLE XI COMMITTEES

Section 1. The Board of Trustees shall appoint annually committees and teams to provide for:

1. Music 

2. Religious Education (Children and Adults)

3. Worship

4. Care and Hospitality

5. Building Maintenance

6. Finance 

7. Fund Raising 

8. Membership 

9. Publicity 

10. Social Justice 

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The Board of Trustees may at its discretion form, combine, dissolve, or alter committees and teams and their responsibilities as circumstances require.

Section 2. The following committees appointed by the Board of Trustees shall report to the annual meeting: 

On Nominations, which shall present at least one (1) nomination for each office to be filled by election at the annual meeting. The report of this committee shall be posted in the Church building at least two (2) weeks prior to the annual meeting. 

A Chairperson shall be named for each committee designated in Article XI, Section 1, and those Chairpersons may be invited to attend regular meeting of the Board and shall be instructed to report in writing at each annual meeting. 

Special committees may be appointed at any time by the Church or the Board and shall report to the Board.

 

ARTICLE XII RECORDS AND ACTS

This section blank – obsolete section deleted.

 

ARTICLE XII DISSOLUTION

In case of the dissolution of this Church, all its property, real and personal, subject to all just and legal claims upon it, shall vest in the UUA to be held in trust for the benefit of a future Unitarian Universalist Church in this vicinity or for the furthering of Unitarian Universalism in some other way.

 

ARTICLE XIV AMENDMENT

These by-laws may be amended by a two-thirds (2/3) vote of the members attending at any meeting of the Church provided the proposed amendment has been included in the noticed calling the meeting, except that ARTICES III and XIII may be amended only by a four-fifths (4/5) vote of the members attending.

 

ARTICLE XV STORY AND MEMORIAL FUND

The Story and Memorial Fund has three (3) Trustees elected annually at the annual meeting. If a Trustee resigns from the position during the year, the Board of Trustees shall assign a replacement. These trustees shall ensure that the assets of the fund are held, managed, and dealt with strictly for the benefit of the First Universalist Church of Essex. Funds donated subject to conditions shall be managed in accordance with and subject to the terms of the trust as the donor thereof intended (see Indenture and Declaration of Trust dated April 29, 1935).

 

ARTICLE XVI STORY FUND

This section blank – obsolete since the merger of the Story and Memorial Funds.

 

ADOPTION OF THIS CHARTER

Preliminary adoption of this charter clause by clause was performed at a duly called meeting of the Society on June 4, 1948, Moderator Harry Lucas presiding assisted by the Minister, Dr. Roger D. Bosworth. 

Final ratification of the Charter as a whole was performed at a duly called meeting of the Society on June 21, 1948. 

 

REVISION HISTORY

1. Added to by-laws as ARTICLE XV MEMORIAL FUND 3/12/78, Special Parish Meeting 

2. Change of Church calendar year from Jan 1-Dec 31 to Sept 1 – Aug 31, effectively changes of the date of the Annual Parish Meeting to May. Quorum voted in favor amendment, Annual Parish Meeting, March 2003. 

3. ARTICLE V OFFICERS, Section 2 was amended temporarily to suspend the term length of trustees due to the lack of available persons to fill these positions. Quorum voted in favor of temporary amendment, Annual Parish Meeting, March 2003. 

4. Ministers of the Church do not necessarily have to be in fellowship with the UUA. Quorum voted in favor of amendment, Annual Parish Meeting, March 2003. 

5. Correction and clarifications of several sections. See notes from Changes to By-laws document, Annual Parish Meeting, March 2003. 

6. Added new section 9 to Article IV MEMBERSHIP. Mid-year meeting, January 2008. 

7. Added ARTICLE XVI, Story Fund at Annual Parish Meeting, May 2009. Update Article XV to add provision for resignation of fund trustee.

8. Revised at Annual Meeting, May 5, 2019. List of changes detailed in ‘Changes to FUCE By-Laws agreed at May 2019 meeting’. Rationale, notes on interpretation, and details of the changes proposed to the May meeting detailed in ‘Changes to FUCE By-Laws Proposed to May 2019 meeting’.

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