Legal Question in Administrative Law in California

What is the difference in these two statements in our church bylaws? One section states:

Section 2. Dissolution of the Pastoral relationship may be brought about by:

A. Submission of a written resignation by the Senior Pastor; or

B. The affirmative written ballots of two-thirds of those members present and voting at a quorum

meeting of the membership, which meeting shall be held only after at least a two (2) week

notice in writing, shall have been mailed to the membership;

C. Pastor's right to trial. (See addendum A to Bylaws)

The second section is on the addendum mentioned above under Pastor's Right to Trial:.

Right To Trial: If there is a disposition to dissolve the Senior Pastor's relationship, he shall have the right to defend himself before a Congregational Meeting specifically called for this purpose.

II. Basis of Dismissal: The basis for dismissal of the Senior Pastor shall be one of the following:

1. Lapse into serious sinful conduct;

2. Doctrinal beliefs not in, or consistent with the statement of faith;

3. Advocating unchristian causes and/or organizations;

4. Not fulfilling the responsibilities of his office.


Asked on 4/16/16, 3:45 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

One thing I notice is that the first statement (Section 2) contains the word "may" which is usually regarded as permissive rather than mandatory, and here probably implies that, in addition to the methods set forth, others exist. In contrast, the second statement uses the word "shall" twice, which, unlike "may," is deemed mandatory and admits of no exceptions. I might add that the church bylaws probably should be read as supplementing, and not necessarily totally replacing, state law relating to an employer's right to dismiss an employee.

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Answered on 4/16/16, 5:12 pm


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