Christ's New Covenant Church
A Sovereign Grace, Baptistic Fellowship
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August 20, 2008


 

Christ’s New Covenant Church

 

The Constitution

 

PREAMBLE

 

We the members of Christ’s New Covenant Church do hereby ordain and establish the following Constitution to which we voluntarily submit ourselves.

 

 

 

ARTICLE ONE

 

THE CHURCH

 

The Church shall be known as the Christ’s New Covenant Church. The Church shall at all times hereafter be and remain unaffiliated with any denomination in Church government and discipline. Fellowship with other churches of like faith and order is to be encouraged.

 

ARTICLE TWO

 

THE PURPOSE

 

The purpose of this Church is to glorify God through both biblical worship, the prime focus being the edification of Christians through the preaching of God’s Word of grace (Acts 20:32), and biblical evangelism, the proclamation of God’s saving grace expressed in the shed blood and finished atoning work of the Lord Jesus Christ on Calvary (Matt. 28:19-20). The manner of this defense of the faith, once delivered to the saints (Jude 3), both at home and abroad, shall be in harmony with God’s holy Word, the Bible, until the return of His Son.

 

 

ARTICLE THREE

 

Articles of Faith

 

We align ourselves with a historic, sovereign grace, baptistic lineage which has found expression in the following confessions: 1. The First London Confession of 1644. 2. The Second London Confession of 1689. 3. The Philadelphia Confession of 1742. Such an alignment does not suggest agreement with these confessions at every point

 

 

1.           The Scriptures

 

We believe the Bible alone is the Word of God consisting of the sixty-six (66) Books of the Old and New Testaments. As such it is inspired of God and consequently truthful and inerrant in the original writings. Furthermore, this providentially preserved and reliable record is the final authority in all matters of faith and life including church councils and creeds. Thus it is its own best infallible interpreter since it is agreeable as a whole (Isa. ; 40:7-8; II Tim. 3:16-17; II Pet. 1:19-21; cf. Acts 27:14-15).

 

 

2.           The Triune God

 

We believe in one God, the Maker, Preserver, and Ruler of all things, eternally existing in three distinct persons, Father, Son, and Holy Spirit who are of the same substance and equal in power and glory (Gen. 1:1; Exod. 3:13-15; Deut. 6:4; Matt. 3:16-17; 28:19; I Cor. 8:4-6).

 

a.            God the Father (Deut. 32:6) is revealed as the Eternal Father of the Son and the one from whom the Spirit proceeds (John 1:14; 15:26; 16:15; 17:5) and as the Father of all creation (John 8:38-45; Acts 8:34-35; Eph. 3:14-15); He is declared to be the Father of all true believers (Gal. 4:6) and the author and designer of election and redemption (Ps. 2:7-9; Isa. 5:10; Eph. 1:3-14); He hears and answers the believers’ prayers (John 16:23-27).

 

b.           God the Son, eternally existing with the Father and Spirit, is revealed as the only-begotten of the Father by the Holy Spirit who was born of the Virgin Mary, and is true God (Col. 2:9) and true man (John 1:14; I John 1:1-3), yet without sin, and is the only Mediator between God and man (Isa. 7:14; Matt. 1:18-25; Luke 1:26-38; Luke 2:1-7; John 1:1-14; Rom 9:5; Gal. 4:4; I Tim. 2:5; Tit. 2:13). As the only mediator, he exhorts us to pray to the Father in his name (Matt. 6:9; John -14).

 

c.            God the Holy Spirit is presented as possessing the attributes of personality and deity (Acts 5:3-4; I Cor. 2:11; 12:9-13); He guides into all truth (John 16:13); He convicts the world of sin, righteousness, and judgment (John 16:8-11); He brings to new life those who were once dead in sin (John 3:5; Eph. 2:1-6), and indwells, baptizes, seals, empowers, guides, teaches, sanctifies, and gives gifts to God’s children (John 14:26; Rom. 8:14; 12; I Cor. 6:11, 19; 12; Eph. 3:16; 4:; I Pet. 4). He enables our prayer to the Father (Rom. ; Jude 20).

 

3.           The decree of God.

 

God has decreed, in Himself from all eternity, by the most wise and holy counsel of His own will, freely and unchangeably, all things whatsoever comes to pass (Isa. 46:9-10; Eph. ). Yet God is not the author of sin (Jas. 1:15-17; I John 1:5), nor has He fellowship with sin, nor is violence offered to the will of the creature, nor is the liberty or contingency of second causes taken away (Acts 4:27-28; John 19:10-11), but rather established, in which appears His wisdom in disposing all things, and power and faithfulness in accomplishing His decree (Eph. 1:3-5).

 

 

4.           Creation

 

All things, this world, and the human race in particular, were directly created by God in the space of six days, rather than indirectly by an evolutionary process. This creation is described in Genesis as an historic event whereby God created man from the dust of the earth; man, original, historic Adam and Eve, is distinguished as a living holy person, given dominion, and appointed dominion over the earth and its creatures (Gen. 1:26-28; 2:7, 18).

 

5.           Providence

 

God, as the good Creator of all things (Gen. 1:31), and according to His knowledge, power, and wisdom, so maintains, disposes, and direct all things, even with the employment of means, to the praise of His glory (Matt. 6:45; 10:29-31; Acts 14:16-17; Heb. 1:3).

 

6.           The Fall of Man

 

While man was created as holy and innocent, by voluntary transgression he fell from that good and happy state. As a consequence all mankind from conception are now sinners by nature, not by constraint but by choice. Thus man became utterly void of that holiness required by the righteous demands and law of God, positively inclined to evil, and unable to please God. Thus he is condemned to eternal ruin without defense or excuse (Gen. 3:6-24; Rom. 3:9-19, 23; , 15-19).

 

7.           Sovereign Grace

 

God, out of His free grace alone and love, has predestined some men as sinners to eternal life, through Jesus Christ, to the praise of His glorious grace. These elect, being loved of God with an everlasting love, are redeemed, made alive, and saved, not by themselves, nor their own works or free-will or decision, lest any man should boast in them, but only and wholly by God through Jesus Christ (Rom. 5:20-21; 9:16; Eph. 1:3-6; 2:8-9; II Thess. 2:13-14).

 

8.           The Saving Work of Christ

 

Through His mediatorial office of priest, Jesus Christ, God’s Son, having lived a sinless life of obedience to the righteous demands and law of God, died under the curse of the law for the sins of all who truly believe in Him. This Jesus made a full and final atonement for the sins of those given to him by the Father and for none else. Such salvation is freely bestowed upon whomever God chooses and is not conditioned upon foreseen faith or repentance, but wholly upon the particular mercy and grace of God. He, as the atoning priest and sacrifice, is now risen from the dead, ascended into glory, seated at the right hand of the Father, and is ever living to make intercession for his people. The salvation of God is therefore not merely made possible, but is actually procured, through Christ’s substitutionary, propitiatory death, for all who savingly believe in him (John 3:14-16; Rom. 3:21-26; Gal. 3:13; Heb. 4:14-16; 10:11-14).

 

9.           Justification Through Faith Alone

 

Justification is God’s gracious and full acquittal of sinners from all sin. This He freely does, not by infusing righteousness into them but by reckoning righteousness and accounting their persons as righteous, thereby pardoning their sin. This divine acquittal is not for anything wrought in them or done by them, but for Christ’s sake alone, through faith alone in Christ alone. This faith is not of themselves; it is the gift of God (Luke 18:9-14; Rom. ; 4:9-10; ; Gal. ; Eph. 2:8-9).

 

10.       Regeneration

 

Regeneration is the creation of a new heart, this being wrought by the Holy Spirit, who brings to life those dead in trespasses and sins. Thus, their minds are spiritually and savingly enlightened so that they understand the Word of God, are renewed in their whole nature and love and practice holiness. This is a work of God’s free and special grace alone (John 3:5-8; Rom. 6:11; 8:10-1l; Eph. 2:1-10; Tit. 3:3-7).

 

11.       Sanctification

 

Sanctification is the process by which, according to the will of God, we are transformed into conformity with His holiness. All believers being declared holy and sanctified at conversion (I Pet. 1:1-2; 2:9) are yet to grow progressively in the grace and knowledge of our Lord Jesus Christ (I Pet. 3:18), obediently following their head and King being desirous of attaining his likeness (I John 3:2-3). While the Christian acknowledges ongoing conflict between the flesh and spirit, yet he trusts in the continual supply of strength that the Spirit of grace supplies (Rom. -8:5; II Cor. -18; 12 .7-10).

 

12.       Perseverance

 

Those whom God has accepted in Christ and sanctified by His Spirit will never totally or finally fall away from the state of grace, but shall certainly persevere to the end. Though they may fall into sin, through neglect and temptation whereby they grieve the Spirit, impair their graces and comforts, bring reproach on the church, and temporal judgments on themselves, yet they shall be restored again to repentance and kept by the power of God through faith unto salvation (Luke 22:31-32; John 6:39; 10:28-29; 17:12; Phil. 1:6; I John 2:18-19).

 

13.   The Church

 

The Lord Jesus Christ is the Head of the Church, which is His body, composed of all His true disciples. We believe that a local church consists of a company of baptized believers who have obediently associated themselves for worship, for instruction, for service, for the evangelization of the lost, and for encouraging and building up one another (Matt. 28:16-20; Acts 1:8; 2:41; Eph. 4:11-16; Heb. 10:24-25). Therefore the local church is God’s agency in the world transacting God’s business, and is the pillar and ground of the truth (I Tim. ). Furthermore the great commission has been given by God solely to the local church as its mandate (Matt. 28:19-20).

 

14.       Worship

 

Corporate fellowship of Christians gives first priority to the worship of God according to the pattern of the New Testament church. Such worship focuses on the glorious person and works of the only true God of Abraham, Isaac, and Jacob (Acts ).

Our Priority. Above all we seek the presence of God in our meetings. Thus we desire to glorify Him by means of dignified worship and the preaching of the Word of God to all. We desire to make all of our services interesting and meaningful, but at the same time we make no effort to entertain.

Music Emphasis. In our music, which mainly focuses upon congregational singing, attention is given to both the biblical content and musical quality of the hymns and spiritual songs we sing (Eph. 5:19). Christians have a “new song” (Psalm 40:3) to sing, and its expression should include praise, adoration, and sincere soul reflection.

Preaching. The central part of each service is the expository preaching of the Word of God. In fact, the Bible, inseparably joined to the Holy Spirit, is central to the teaching and administration of the whole church. This emphasis leads to the exaltation of the Lord Jesus Christ in all of our meetings and conversation.

Prayer and Fellowship. The reading of the Word of God, prayer, and the offering are all integral elements of each worship service; they direct our hearts toward God. Periodic meeting around the Lord’s Table reminds us of our only hope being the gospel of the sovereign grace of God.

 

 

15.       The Ordinances

 

            There are only two ordinances instituted by Jesus Christ.                                  

           

a.         Baptism.                                  

 

Baptism is the immersion of a believer in water by a faithful local church in the name of the Father, Son, and Holy Spirit, as a confession, but not as a regenerating rite. Baptism signifies the essential facts of redemption, the death, burial, resurrection and cleansing of Christ that obtain eternal life (Matt. 28:19-20; Acts -39; Rom. 6:3-11).

 

b.           The Lord’s Supper.

 

The Lord’s Supper is the frequent remembrance of the same essential truth of redemption by means of bread and the cup. These emblems, while not in any way conveying grace, yet stimulate remembrance of that grace that is sourced only in Christ according to the gospel (Matt. 26:26-29; Luke 22:14-20; I Cor. 11:20-34).

 

16.       Christian Liberty

 

a.         Gospel liberty.

 

Being a disciple of Christ and subject to the new covenant made through his blood, the Christian has liberty from the old covenant administration of Moses while being under the law of Christ (Gal. 5:1; I Cor. 9:20-21; Heb. 8:7-13; 12:22-24). Such submission involves obedience to that fullness of righteousness which the Son of God embodied (John ; Rom. ; II Cor. 5:14; I John 3:23-24).

 

b.         Soul liberty.

 

Every disciple of Christ has liberty of conscience which is not to be coerced by any body or person except God Himself. Each believer is a royal priest offering spiritual sacrifices. Each believer shall conduct himself with a clear conscience before God and man (John ; Acts ; I Pet. 2:9). Such belief necessitates the separation of church and state (Matt. ).

 

17.       The Roles of Men and Women.

 

a.         Men and Women.

 

       Both the Christian man and the Christian woman are one before God, being indwelt by the Holy Spirit, and thus are equal co-heirs of the grace of life (I Pet. 3:7), royal priests before God (I Pet. 2:9). God has ordained that, “Christ is the head of every man, and the man is the head of a woman, and God is the head of Christ” I Cor. 11:3). By creating man first, God established his headship over the woman who was given to him as a fulfilling mate (Gen. 2:18 I Cor. 11:8-12). Thus man’s loving headship is to be responded to by the woman’s submission even as the church responds to Christ’s headship (I Tim. 2:9-14).

 

 

b.         The Family.

 

The wedded union of one man and one woman, along with the children given them by the Lord, constitutes the only family unit ordained by God (Gen. 2:24; Mark 10:6-9). The family roles are derived from this joining together of a man and a woman. Thus, “Husbands, love your wives, just as Christ also loved the church and gave Himself up for her” (Eph. ). “Fathers, do not provoke your children to anger, but bring them up in the discipline and instruction of the Lord” (Eph. 6:4). Then, “Wives, be subject to your own husbands, as to the Lord” (Eph. ). Then, “Children, obey your parents in the Lord, for this is right” (Eph. 6:1). The rending of this relationship, that is by means of covenant breaking or adultery, is grievous sin that yet is best dealt with by means of reconciliation (Mal. 2:14-16). Divorce is, according to Jesus Christ, a course grounded upon adultery that is taken only by those who encounter hardness of heart or are abandoned (Matt. 19:3-9; I Cor. ).

 

18.       The World to Come

 

The end of this age will be climaxed with the glorious, personal, visible, bodily return of Jesus Christ (Acts ). At that time the rapture and resurrection of the saints will be accomplished bringing about the completion of His church, the judgment of the nations, and the consummation of his kingdom (John 6:37-40; I Cor. 15:51-54; I Thess. 4:16-17; Heb. 9:27; Rev. 20:11-15) that finds ultimate fulfillment in “new heavens and a new earth” (II Pet. 3:13).

 

19.       Charismatic Signs and Wonders

                                                                                                                                                                                                                             

To avoid division, there are certain religious beliefs and practices to which we do not subscribe. These are commonly associated with alleged speaking in tongues, slaying with the Spirit, signs and wonders, miraculous healings, word of faith, etc., defined according to the modern Pentecostal/Charismatic movement. We believe that the inaugural, distinctive, supernatural apostolic ministry of the early church has ceased (Acts -22; ). This in no way denies the place of prayer for spiritual and physical healing that looks to God’s good and perfect will (Jas. 5:13-16). The conclusion of the initial apostolate of the twelve was providentially followed by the completed canon of Scripture. Consequently, extra biblical revelation is excluded (Jude 3; Rev. 22:18-19).

 

 

ARTICLE FOUR

 

CHURCH COVENANT

 

Before the congregation I publicly confess my faith in the finished work of the Lord Jesus Christ for salvation and heartily endorse the doctrines set forth in the Articles of Faith of the Constitution of this church. Furthermore I do promise, in dependence upon the Grace of God who strengthens us in weakness, to attend as diligently as possible upon the public service of worship of God in this church on the Lord’s Day, to be faithful in private devotion, and to strive in all things to honor my God and Savior by a walk and conversation in keeping with the Gospel of Christ.

I do hereby pledge sincerely and unreservedly to devote myself to the Lord to be His forever. I will serve diligently offering both service as the Lord has gifted me and financial support as the Lord has given to me. I will endeavor to support and sustain the honor of God in this church and to preserve the good name of this church by a consistent walk as the Lord shall give me grace, so that no reproach shall be brought upon the name of our God and Savior Jesus Christ or His Holy Word.

 

 

 

 

 

ARTICLE FIVE

 

MEMBERSHIP

 

1.           Any person professing personal faith in Jesus Christ as Lord and Savior, giving satisfactory evidence through consistent Christian living, and adopting substantially these articles and by-laws, may be received into its membership after believer’s baptism. After a period of attendance, applicants shall apply for church membership to the Board of Elders who shall prayerfully consider if the Lord is adding that person to our local assembly (I Cor. ). Applicants shall be recommended to the church by the Board of Elders.

 

2.           The membership of this church shall consist of those who are received by vote of the church upon recommendation of the Board of Elders in one of the following ways:

 

a.                  Profession of faith in the Lord Jesus Christ followed by baptism, if never having been baptized; or,

 

b.                 Letter of transfer from other churches holding the same faith and practice; or,

 

c.                  Experience; if having been baptized and holding membership elsewhere, but unable due to peculiar circumstances to obtain a letter of dismission from his respective church group; or,

 

d.                 Restoration; if having been excluded from membership of this church, and upon confession of his errors giving satisfactory evidence of repentance.

 

3.           Membership in the church shall be terminated in the following manner:

 

a.                  By death.

 

b.                 By resignation in writing from a member in good standing.

 

c.                  By letter of transfer to any other church holding the same faith and practice upon the request of the member in good standing.

 

d.                 By cancellation of membership by the Board of Elders when the member cannot be traced or has been habitually absent from the services of the church without good cause.

 

e.               By excommunication for cause by the Board of Elders. No member shall, however, be excommunicated until after charges have been preferred against him, and he has had opportunity to defend himself before the Board. Such a course shall follow the biblical principles established in Matthew 18:15-20; I Corinthians 5:13; Galatians 6:1-2; II Thessalonians 3:6-14; I Timothy 5:19-20,

 

4.           The Board shall regularly review the Membership Register. If a member has been found to be inactive, not participating in the observance of the Lord’s Supper, and/or generally indifferent to the church, he shall be counseled with concerning his relationship to the Lord and the church. If there does not appear to be any attempt or desire on the part of the member to rectify such indifference toward the life and work of the church it shall be within the power of the Board to drop the member from the roll of the church after due notice has been given the person in question.

 

5.           A minimum of 18 years of age shall be required before a person may be admitted into membership.

 

6.           Members are expected to be faithful in all duties essential to the Christian life; faithful in church attendance on the Lord’s Day and other special services; supporting the program of the church; giving regularly to the support of the work.

 

7.           A member habitually absent from the regular services of the church for a continuous period without good cause will be denied the privilege of voting on Congregational matters unless satisfactory explanation of such absence has been given to and accepted by the Board of Elders.

 

 

ARTICLE SIX

 

DISCIPLINE

 

Should any member, even an Elder, become an offense to the church and its good name by reason of immoral or unchristian conduct, or by persistent breach of his Covenant vows, or by gross impropriety, or misdemeanor in office, or by willfully promoting schism or discord in the church, the member may be privately admonished, publicly censured, or excluded from membership. A member shall not be excluded, however, until every reasonable Christian means of reconciliation has been exhausted. While acknowledging the distinction between private and public offenses, we believe that the following steps according to Matthew 18:15-20 should be pursued with the primary concern being the restoration of the offending member:

 

1.          Meeting with the individual.

 

2.          Meeting with additional witnesses.

 

3.          Meeting with the Board of Elders (action would

        require a 75% vote).

 

4.          A 75% vote of the church membership (requiring a quorum of 75%) with ample notification.

 

Any person thus excluded may afterwards be restored to membership on confession of his fault and after having given satisfactory evidence of true repentance.

 

 

ARTICLE SEVEN

 

THE BOARD OF ELDERS

 

Jesus Christ alone is the Head of His Church. However, as Head He has ordained that individual churches should be blessed with the spiritual rule and ministry of special officers. Christ has ordained that the administration of the local churches is to be by a plurality of elders and deacons. However, both offices may be incorporated into one board should circumstances so require (Acts 6:1-6; 20:17; Eph. 4:11-12; Phil. 1:6; I Tim. 3:1-13; Tit. 1:5-9; I Pet. 5:1-5).

 

1.           Responsibilities.

 

It shall be the duty of the elders to watch over the spiritual interests of the church, to preach the Word of God, to administer the Ordinances, to attend to the biblical instruction of the flock, and to lead them in practical church work (Acts 20:28; I Cor. 11:23; II Tim. 2:2; 4:2).

 

2.           Qualifications.

 

No person shall be qualified to fill the office of elder unless he has been a member of the church in good standing for at least one year and is over 21 years of age. An elder, being male, must evidence the personal, domestic and ministerial qualifications for this office as set forth in I Timothy 3:1-7 and in Titus 1:5-9. Due time must be allowed for the church to observe these qualifications in the life of one who aspires to the office.

Anyone called to this office must be able to conscientiously affirm his agreement with the Articles of Faith and the Constitution of the church. Should he at any time move from this position, he is under spiritual and moral obligation to make this known to the church.

 

3.           Duties.

 

The elders are responsible for the spiritual ministrations of the church, the implementation of church discipline, and watching over the souls of the members as those who must give account to God for this responsibility. They shall exercise the oversight of the church in all its ministries and functions (Acts , 28ff; I Pet. 5:1-4; Heb. ).

While every elder bears spiritual rule (and must be “apt to teach”), some will be more engaged in formal and public teaching, which role is addressed as Pastor, while others will be more exclusively engaged in the details of ruling, which role is addressed as Elder. Those who are more engaged in formal public teaching and preaching should, as far as is possible, be adequately maintained in material necessities, so as to be disentangled from the cares of a secular calling (I Tim. 5:17-18). The elders shall maintain the purity and peace of the congregation both in doctrine and practice. They are to take the oversight for all that the congregation is taught, whether by speech or printed page (Acts ).

 

 

4.           Election.

 

a.            The elder or elders given to ruling, titled Elder.

 

Nominations, when considered necessary, shall be made by the unanimous vote of the Board of Elders. The name shall be proposed to the membership four weeks in advance of an announced congregational meeting. A reasonable attempt will be made in notifying all members. A quorum shall be 75% of all members in good standing. Election shall require 75% of the members present. Recognition shall be by the laying on of hands by the current Board of Elders at an appropriate meeting. Elders shall remain in office as long as they are physically, mentally and spiritually qualified to perform the duties of this office.

If at any time the elder’s preaching, teaching, or manner of life is not in full accord with the doctrinal standards or moral practices of this church, as charged by witnesses and upheld by the Board of Elders, his services as an elder shall be terminated immediately following a congregational meeting at which his dismissal has been requested by a 75% vote of those members present and voting. A 75% quorum of the membership shall be required.

 

b.           The elder or elders given to employment, titled Pastor.

 

(1)        Special qualifications.

 

In addition to elder qualifications, especially that of being “able to teach” (I Tim. 3:2), he shall have given himself to the concentrated study of the Word, doctrine, church history, pastoral care, and related areas of study according to II Timothy 2:15. Thus he will also be recognized as able to “preach the Word” (II Tim. 4:2). Such recognition will also consider the candidate’s ministry according to the estimate of leaders from other churches.

 

(2)        Responsibilities.

 

His chief priority shall be that of expository ministry of the Word and prayer (Acts 6:4) which is both evangelistic and edifying. He will direct the administration of the ordinances as well as pulpit preaching appointments in consultation with the other elders. His supplementary concerns, in association with the participation of the other elders, shall be other means of evangelism, visitation of the sick, and the counseling of those in spiritual and material need.

 

(3)        Employment.

 

As far as practical only one candidate shall be considered by the eldership and church members at a time. Nomination shall be by the unanimous recommendation of the elders, in consultation with the church membership. Ratification at an announced meeting, following two weeks notification of the church membership, shall be by a 75% vote of the members present. A 75% quorum of the membership shall be required. The term of office shall be for an indefinite period. The salary shall be determined by the Board of Elders and ratified by the church membership when voting on the appointment. Specific benefits shall be determined according to By-Law Five.

 

(4)        Termination.

 

If at any time the pastor’s preaching, teaching, or manner of life is not in full accord with the doctrinal standards or moral practices of this church, as charged by witnesses and upheld by the Board of Elders, his services as a pastor shall be terminated immediately following a congregational meeting at which his dismissal has been requested by a 75% vote of those present and voting. A 75% quorum of the membership shall be required. In the case of resignation, a minimum of three months notice shall be given, except when the Board of Elders agrees to alternative terms. In the case of dismissal, the Board of Elders, by means of a unanimous vote excluding the pastor, shall make a recommendation to the church membership that shall require a 75% vote for dismissal. Except where the terms for an emergency meeting are met, two weeks notice shall be given.

 

 

 

THE BOARD OF DEACONS

 

The office of deacon focuses on the more administrative, functional, and material concerns of the church which is to operate according to particular needs that the size of the church dictates (Acts 6:1-6). Recognition by the elders of the qualifications, according to I Timothy 3:8-13, shall lead to a candidate’s nomination to the church membership for an indefinite appointment by a 75% vote. Installation shall be at an appropriate meeting with the laying on of hands. The elders shall determine the specific duties for each appointment. Dismissal for inapp