About Us - By-Laws

The 2005 Constitution and By-Laws of Fairview Baptist Church is listed below. This document was approved by Fairview Baptist Church, in Business Conference, on August 28, 2005. You may either scroll down the screen to look at all of the sections or click on one of the below links to go to that article.

I. Name
II. Purpose
III. Covenant
IV. Government
V. Membership
VI. Meetings
VII. Officers
VIII. Lay Ministries and Committees
IX. Staff
X. Finances
XI. Church Policy Manual
XII. General and Miscellaneous Provisions
XIII. Amendments
Revision History

BYLAWS OF
FAIRVIEW BAPTIST CHURCH of APEX

Article I. Name
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This church shall be known as Fairview Baptist Church of Apex and is located at 5608 Ten-Ten Road, Apex, Wake County, North Carolina 27539.

Article II. Purpose
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The purpose of Fairview Baptist Church is to glorify the Lord by expressing the love of Jesus Christ to our community, bringing people into a saving relationship with Him, by reaching out to and strengthening the family, as well as discipling, training and encouraging believers to spiritual maturity and ministry.

Article III. Covenant
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We, a fellowship of Christians, declare and establish these Bylaws to preserve and secure the principles of our faith and to govern the body in an orderly manner consistent with the tenets of Baptist Churches. These Bylaws shall preserve the liberties inherent to each individual member of the church, and set forth the relationship of this body to other Baptist bodies. This body of believers shall be known as Christians first and Baptists second, believing the principles set forth in the teachings of the Bible. They shall recognize the Bible as the inspired Word of God and as the final authority in the rule of faith and conduct; adhering to the doctrines of the New Testament, believing that Jesus Christ is the Son of God and our Great Redeemer, believing the power of the Holy Spirit and depending upon it as such; and recognize the believer's baptism by immersion as our only form of baptism; recognizing the autonomy of the local Church, the Church being governed by Jesus Christ through democratic principles, where each member will have an equal voice in all affairs involving this body of Christian believers; recognizing the separation of Church and State. The Holy Bible is the inspired Word of God and is the basis for our statement of faith. This church subscribes to the summary of the teachings of Scripture as set forth in the Baptist Faith and Message as currently adopted by the Southern Baptist Convention.

Article IV. Government
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Section 1. Congregational Government
The government of this church shall be congregational in nature, and the final authority for the operation and management of the affairs of this corporation, spiritual and temporal, shall be vested in the membership of the church, which authority shall be exercised in the manner set forth in the Bylaws. Members alone shall have the authority to adopt and amend Bylaws, approve budgets, receive members and govern and conduct the affairs of this church.

Section 2. Autonomy and Affiliations
This church is autonomous, yet as a Baptist church, it recognizes the privileges of Christian fellowship in cooperation with other churches, but it shall at all times be independent and the final authority for management and operations of all spiritual and temporal matters shall be vested in the membership of the church and be exercised in the manner set forth in these Bylaws. This church shall be affiliated with the Raleigh Baptist Association, the Baptist State Convention of North Carolina and the Southern Baptist Convention believing that these organizations have as their sole purpose the promotion and support of missions, education and benevolence in keeping with the character and the spirit of the Articles of Incorporation and Bylaws of this church. This church agrees to participate in these organizations through duly elected messengers and financial support.

Article V. Membership
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Section 1. Eligibility
The membership of this congregation shall be composed of persons who have made a public profession of faith in Jesus Christ as Lord and Savior, who have given evidence of regeneration by the Spirit of God, who have been baptized by immersion, and who have been received into the fellowship of this church by majority vote of the members present.

Section 2. Admission of Members
A person may become a member in one of the following ways:

A. Profession of Faith and Baptism:
An applicant may be received on profession of faith as a candidate for baptism, after the administration of which the applicant shall automatically enjoy the full fellowship of the church.

B. Letter.
A member in good standing of another Baptist Church or church of similar faith and practice, who has experienced believer's baptism by immersion, may be received by letter of dismission from such church. Until the letter of transfer is received from the other church, the applying member shall be granted spiritual watchcare membership status. Upon receipt of the letter of transfer, the applicant shall enjoy the full fellowship of the church. Should the letter of transfer not be received within ninety (90) days, the church clerk shall record this applicant as a member "Received on Statement of Experience".

C. Statement of Experience.
Any person to whom the ordinance of baptism by immersion has been administered may be received as a member upon statement of experience and faith in Christ.

D. Spiritual Watchcare.
Persons who are temporary residents in the area of the church or who are members of a church of another denomination may come under the Spiritual Watchcare of this church. Such persons shall, except as qualified below, have the same rights and privileges as those ordinarily afforded members of this church such as pastoral care, but they shall not vote in church business conference nor hold office in this church or in any of the church organizations filled by vote of the general church membership.

Section 4. Duties of Members
The duties of the members of this church shall be: to be just in their dealings, faithful in their engagements, guarded in their conversation, exemplary in their deportment; to be faithful in all the duties essential to the Christian life; to regularly attend the services of the church; to give regularly and systematically to its support and kingdom causes; and to share in its organized work.

Section 5. Rights of Members

A. Voting.
Every member is entitled to vote at all elections and on all questions submitted to the membership.

B. Holding Office.
Except as otherwise set forth herein, every member is eligible for consideration by the membership as a candidate for elective offices in the church.

C. Ordinances.
Every member of the church may participate in the ordinances of the church as administered by the church.

D. Records.
Members shall have access to the principal records of the church including minutes of its governing body and principal financial reports. However, consistent with Baptist doctrine and practice, these rights shall not include the right to review or inspect individual donor records or personnel files.

A. By Letter.
Should a member desire to unite with another church, he/she shall present themselves to that church and upon request of the clerk of that church, a letter of transfer shall be granted and sent to the requesting church.

B. Removal from Roll.
Upon receipt of reliable information that a member has united with another church, this church shall terminate the membership status of the member and the clerk shall remove the member from the roll, and advise the church of the action at the next meeting, and where possible notify by letter the person removed from membership of the action.

C. Discipline.
The church, after due notice, may upon majority vote in any church conference terminate the membership of a member of this body for reasons it considers sufficient to warrant such actions. This action should be considered only after following the biblical principles found in Matthew 18: 15-17. This action should always be done in the spirit of love and restoration. Any action to remove a member from the roll may be acted on only if notice of the pending action has been given to the church and, if possible to the member affected.

D. By Personal Request.
Should a member desire that his/her name be removed from the membership roll, he/she shall submit a written request, signed by the member, to the church clerk and Pastor or Deacons. The clerk shall remove the member from the roll, and advise the church of the action at the next meeting.

Article VI. Meetings
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Section 1. Worship
This church shall hold regular worship services on Sundays at such time as recommended by the Pastor and Deacons and agreed upon by the church for worship, teaching, training and fellowship. Other meetings of the church as a whole or of authorized groups within the church may be set according to the needs of the congregation.

Section 2. Business Meetings

A. Annual Meeting.
The annual meeting shall be held the first Wednesday in January of each year for the election of church officers, lay ministries, standing committees, special committees, and any other offices and committees of the church. Unless the Deacons with proper notice change the date. The election of some officers may, at the discretion of the church or as set forth in these Bylaws be held at some other regular or called meeting.

B. Regular Meetings.
This church shall hold regular business meetings on the second Wednesday of each quarter, for the disposition of all business matters not otherwise provided for, to hear reports from the various church organizations and to consider other matters essential to the spiritual welfare and prosperity of the congregation. With due notice and good cause, the Deacons may change the date of the quarterly meeting.

C. Special Called Meetings.
1. At any regular meeting of the Church, the Pastor or the chairman of Deacons may call for an immediate business conference to act upon certain matters of business -- appointment of messengers to meetings, the reception of members, and the annual SBC report.

2. Special business meetings may be called by the Pastor, the chairman of the Deacons, a majority of the Deacons or any twenty members requesting such in writing. Upon such a request the moderator shall schedule a meeting to be held within thirty (30) days. Notice of the subject, date, time, and location must be published in the church bulletin at least one week before the meeting and announced at all services on the Sunday prior to the special business meeting. No matter shall be considered at the called meeting except that for which it was called and previously announced.


3. In the event of an emergency, the Pastor or chairman of the Deacons may, with consent of two-thirds of the Deacons, call an emergency meeting without full notice to the members. Such notice as is possible will be given to the membership, and action is limited to the items requiring the emergency meeting. Such emergency meetings shall not be subject to the special procedures set forth below. No meeting under this provision may be called in regard to personnel matters.

D. Presiding Officer.
The moderator shall be the chairman of Deacons who shall preside at all business meetings. If the chairman of the Deacons is absent, the vice-chairman of the Deacons shall preside.

E. Quorum.
A quorum shall consist of 25% of the active members of the church present and voting.

F. Matters Requiring Special Procedures.
On any motion properly before a business meeting dealing with the purchase or sale of real property, the employment terms or salaries of church staff, the removal of officers, the modification in the overall budget exceeding $500.00, or the affiliation relationships of the church. Where the membership has not been given notice of the general subject and nature of the proposals to be voted upon at such a meeting, any member may, by request at such a meeting, require that the motion be referred to the Deacons and the appropriate lay ministry or committee, who will have up to thirty (30) days to make a non-binding recommendation regarding the proposal. The congregation may vote upon the motion at the next special or regular business meeting. Upon their recommendation or the expiration of 30 days, the congregation may vote upon the motion.

G. Notice.
Except where otherwise required by these Bylaws, any requirement of notice for a meeting or item of business to be presented shall be satisfied if announcement is made at a Sunday morning worship service one week in advance of any meeting or action, or notice is provided in any regular or special church newsletter mailed ten (10) days in advance.

H. Voting.
Unless otherwise designated, all matters of business shall be decided by a majority vote of the members present and voting. Voting by proxy or absentee ballot shall not be permitted. Except as otherwise set forth in these Bylaws; the moderator at his discretion shall designate the manner of voting, except that the members may by motion made and adopted require a written ballot.

I. Minutes.
The church clerk shall keep minutes of each business meeting and shall record the approximate number present and what action the church took as part of a permanent church record. A copy of the minutes of the meeting shall be kept at the church office.

J. Procedure and Parliamentary Rules.
It shall be the duty of the moderator to maintain an atmosphere of courtesy, reverence and good order in all business meetings. Except where specific provisions are made herein, Robert's Rules of Order, shall be a general guide for the conduct of all business meetings of the church, except that the moderator may, absent objection or with the consent of the majority, deviate from such rules in the interests of full discussion and harmony.

Article VII. Officers
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Section 1. Ordained or Scriptural Officers
The officers of this church shall be the senior Pastor, ministerial staff, Deacons, and such other officers as shall be required to do the work of the church in any of its departments or organizations. The Pastor and ministerial staff called by the church and Deacons and other officers elected by the church shall serve at its pleasure, and shall be members in good standing at the time of election except that a Pastor or ministerial staff may or may not be a member until after his call.

Section 2. Other Officers
There shall be a church clerk, a treasurer and such other officers as may be needed to carry out all the purposes of the church. Their term of office will be one year. All of these shall be elected by the church and serve at its pleasure, and shall be members in good standing at the time of their election

Section 3. Pastor

A. Duties.
The Pastor shall have charge over the welfare and oversight of the church; the Pastor shall be an ex-officio member of all organizations, departments, lay ministries and committees; may recommend a special meeting of the Deacons or any lay ministry or committee according to procedures which may be set forth in the Bylaws; shall conduct religious services on stated and special occasions, administer the ordinances, minister to members of the church and community, and perform other duties that usually pertain to that office; shall have special charge of the pulpit ministry of the church and shall, in cooperation with the Deacons, provide for pulpit supply when absent and arrange for workers to assist in revival meetings and other special services. The Pastor shall be the administrative head of the church and shall arrange and approve all absences and vacations of all church employees as stated in the policies and procedures manual of the church.

B. Call and Election.
Whenever a vacancy occurs, a Pastor Search Committee shall be elected by the church to seek out and recommend as Pastor a minister of the Gospel whose Christian character and qualifications fit him for the office. The Pastor Search Committee shall consist of five (5) members to be elected by the church in the following manner: Each church member will be allowed to nominate by ballot five (5) members for the open positions. The Deacon fellowship will contact the nominees to accept or reject the nomination until 10 nominees have accepted. Each church member will then be allowed to vote for five of the ten nominees by ballot. The election for the call of the Pastor will follow the recommendation of this committee at a meeting called for that purpose of which at least one week's notice has been given to the members by mail. The committee shall bring only one name at a time for the consideration of the church. Any church member has the privilege of making a recommendation to the Pastor Search Committee.
Elections shall be by ballot and only one vote will be taken for the prospective Pastor. Absentee ballots will be available upon request one week prior to the meeting and must be received by that day. There must be an affirmative vote of 90% of those voting necessary for an extension of a call. If the committee's report fails to receive the required vote, the moderator shall declare the nominee not called, and shall refer the matter, without debate, to the committee for further investigation and further recommendations under the foregoing procedure.

C. Employment Policies.
The church shall establish and set forth appropriate employment policies in regard to the Pastor, and annually review such policies. Such policies shall not constitute a contract and are subject to modification by the church at any time.

D. Termination.
The Pastor is called to serve until the relationship is dissolved at the request of either the Pastor or the church.
1. Resignation.
The Pastor may resign but shall normally provide at least thirty (30) days notice before the termination of his services. A written resignation or an oral resignation delivered at a Sunday morning service or business meeting of the church, if without conditions shall be final and binding. If any resignation is subject to conditions it shall be effective and binding when accepted by majority ballot vote of the church.
2. Removal.
A Pastor may be removed by a majority vote of the members present and voting at a properly called meeting. Such a vote may be held only at a meeting in regard to which notice has been mailed to all church members with a known address of the pending action, and the Pastor is provided an opportunity to be heard. Such a vote may be initiated by the recommendation of the Deacons or by other motion properly before the church calling for such a vote.
a. The officers and the members shall make every effort to follow biblical principles including the process set forth in Matthew 18 in dealing with conflicts regarding pastoral staff. An effort should be extended to permit reconciliation of conflicts in a manner consistent with our Christian faith and doctrine.
b. Removal shall be effective immediately upon the adoption of a motion terminating the Pastor, but salary and benefits shall continue for not less than thirty (30) days. Any resolution to dismiss may also contain recommendations concerning other financial aspects of the termination including severance pay.

A. Selection
1. Qualifications.
Men of the church, over 21 years of age, who are active members and who have met the Scriptural qualifications according to I Timothy 3 and have been members of the church for at least one (1) year are eligible for nomination.

2. Nomination and Election.
In a process administered by the Deacons, the church shall nominate and elect Deacons to fill available positions. This process shall include the following four steps. The election shall occur at a regular Sunday morning worship service by secret ballot.
a) Nomination. The last week in June of each year each member of the congregation will be allowed to nominate by ballot a maximum of one (1) person for each vacant position
b) Pastor/Deacon Review. Each nominee will be evaluated by the Deacon Fellowship to confirm his Scriptural qualifications. This process shall normally include the completion of a questionnaire by nominees and personal interviews of first time Deacon candidates.
c) The Deacons shall, based on their prayerful judgment and review of all nominees, recommend to the church a slate of candidates to fill the available Deacon positions.
d) The church shall vote to accept or reject each nominee presented by the Deacons. Should a nominee not be accepted by a 2/3rds of the voting members, the Deacons shall be charged with again reviewing the matter and submitting another nominee if necessary.
3. Ordination.
All persons selected to the body of Deacons shall be introduced and ordained as Deacons prior to assuming office. This ordination shall take place on or before the fourth Sunday of September.

B. Terms and Re-election.
Each Deacon shall serve a three-year term and will not be eligible for nomination and re-election for at least one (1) year.

C. Meetings.
Deacons shall meet monthly. Deacon's meetings are open for any church member to bring appropriate matters for their consideration. Advance notice to the chairman of Deacons is necessary prior to the meeting. The Pastor or the chairman of the Deacons may call the Deacons into special session whenever need for such arises. Alternatively, a special meeting shall be called by the Pastor or chairman of the Deacons upon a petition of five Deacons.

D. Ministry Duties.
Deacons shall at all times consider themselves as servants of the church with the Pastor, and as the Holy Spirit may direct, they are to consider and make recommendations to the church in all matters pertaining to its work and progress, including church discipline. Each Deacon shall minister to the spiritual and physical needs of an assigned number of church families. This shall involve regular visitation contact in order to assess those needs. They shall assist the Pastor in the observance of the ordinances. The Deacons shall review the annual church budget and assist the Pastor in the use of the church property, (with proper respect to the responsibilities of the Building and Grounds Committee).

E. Organization.
The Deacons shall elect their chairman, vice-chairman, secretary and such other officers as they deem appropriate and establish regular times of meetings.

F. Corporate Duties.
1. Function as Board of Directors.
The current Deacons shall, meeting and acting together, constitute the Board of Directors of this church. Such Board of Directors shall change by and in the same procedure as for the terms of members of the Deacons so that the Board of Directors shall perpetually be the same as the Deacons. In their capacity as directors, they shall have the duties and responsibilities attendant to directors, subject however to the limitations set forth in the charter and Bylaws. The directors shall not have power, except as expressly authorized by the congregation, to purchase or sell or encumber any real or personal property, to install or remove officers or staff, to amend the Bylaws or charter, or to bind the corporation to any contract. Consistent with our spiritual principles, Baptist polity and long-term practice, the congregation as a whole retains the authority to govern the affairs, spiritual and temporal, of the church.

2. Corporate Officers.
The chairman of the Deacons shall, whenever required by law or practice, serve as the president of the corporation, having however only such express powers as are granted by the congregation, and having no power absent such express authorization to bind the corporation in any matter or act for it. In a similar manner and subject to the same limitations, the vice-chairman of the Deacons shall be authorized to act as the vice-president.

Section 6. Clerk
It shall be the duty of the clerk to attend, or be represented at all church business meetings, to keep accurate record of all business transactions, to prepare the annual associational letter and to notify all officers, issue letters of dismissal as authorized by the church, preserve all papers and valuable letters and records that belong to the church, and preserve a true history of the church. It shall also be the duty of the clerk to see that an accurate roll of the church membership is kept with dates and methods of admission and dismissal, change in name, correct mailing addresses and other pertinent information. The clerk shall serve a one-year term and may be reelected to consecutive terms. The clerk shall serve as the secretary of the corporation.

Section 7. Treasurer
The church shall elect a treasurer annually. It shall be the duty of the treasurer to receive, preserve, and pay out, upon receipt of vouchers approved by proper authority, all money, or things of value paid or given to the church, keeping at all times an itemized account of all receipts and disbursements. If the church hires a financial secretary, it shall be the duty of the treasurer to oversee and work with this person. The treasurer shall render to the church at each regular business meeting an itemized report of the receipts and disbursements for the preceding month. The treasurer's report shall be audited annually by an auditing committee or a public accountant, as elected by the church. No more than three years may pass without an audit or in the case of change in the church treasurer an audit will occur. The treasurer's books, records, and accounts kept shall be considered property of the church. The treasurer shall be a member of the Stewardship Committee and should be prepared to meet with the Deacons upon invitation. The church treasurer may be reelected to consecutive terms from January 1 to December 31.

Article VIII. Lay Ministries and Committees
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Section 1. Lay Ministries and Committees
The church shall elect such lay ministries, standing committees and special committees as may be deemed necessary to carry on the various phases of the program of the church. These lay ministries and committees shall be elected by the church upon the recommendation of the Nominating Committee, unless the church directs their appointment in a different manner. All lay ministries and committees serve at the pleasure of the church, and shall in no event have any authority to act for the church except where specifically authorized.

Section 2. Composition, Duties and Election of Lay Ministries and Committees
The composition, duties and means of election of all lay ministries, standing committees, and special committees, shall be established by the church and set forth in a lay ministry and committee handbook made available to all church members.

Article IX. Staff
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Section 1. Ministerial Staff

The ministerial staff shall be composed of the Pastor and other persons who fill ministerial positions. Members of the ministerial staff other than the Pastor shall be elected or terminated by the membership upon recommendation of the Personnel Committee in consultation with other appropriate committees and the Pastor.

Section 2. Church Staff
The current church staff shall be composed of all persons employed by the church except the ministerial staff and the Pastor. Members of the church staff shall be hired or terminated by action of the Personnel Committee with the agreement of the Pastor.

Section 3. General Provisions for Ministerial and Church Staff
A job description for each staff position shall be prepared and shall be revised periodically by the Pastor and the Personnel Committee and given to all candidates being considered for that position or to the person filling that position. New staff positions may be created from time to time by vote of the membership. Staff positions may be combined or eliminated from time to time at the discretion of the Pastor and the Personnel Committee, and the combined position may be held by one person. The membership shall be informed of the actions taken at the next regular business meeting. All members of the staff shall be called or employed for indeterminate terms. A staff member may resign by giving two weeks written notice of resignation to the church. The relationship of a staff member to the church may be terminated by the church at any time by action of the body or committees authorized to elect or terminate that staff member. The church shall for all staff positions establish appropriate employment policies including job descriptions, benefits and other policies. Such policies shall not constitute an employment contract and may be terminated or modified at any time by appropriate church action.

Article X. Finances
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Section 1. Budget
The Stewardship Committee shall prepare and submit to the church for approval an annual budget.

Section 2. Accounting Procedures
All funds for any and all purposes shall be handled in accordance with procedures established by the Stewardship Committee, be reported to the church treasurer or financial secretary, and be properly recorded on the books of the church. A system of accounting that will adequately provide for the handling of all funds shall be the responsibility of the Stewardship Committee.

A. Solicitation and Fund Raising
Fund raising in the name of Fairview Baptist Church shall not be permitted unless submitted to the Deacons for approval. The Deacons shall, within thirty days, present its recommendation to the requestor.

B. Expenditures and Receipts of Funds
1. No funds shall be disbursed without the express authorization of the church as provided for in the budget or separate authorization.
2. No designated funds shall be received except where the church has approved the receipt of funds for the designated cause. Separate accounting shall be maintained for all designated gifts and funds.
3. The receipt of gifts of real or personal property must be approved by the appropriate church authorities.
4. All gifts of money or other items shall be used solely at the discretion of the church, subject only to such restrictions on the use of gifts which are designated to a church approved fund, and as may be made at the time of their receipt.

Article XI. Church Policy Manual
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The officers shall assure the creation and maintenance of a policies and procedures/operations manual which shall contain all currently controlling policies and procedures governing any aspect of the church's affairs including policies regarding the handling of funds, use of facilities and employment policies and practices.

Article XII. General and Miscellaneous Provisions
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Section 1. Baptism
A person who has received Jesus Christ as Savior by personal faith; who has professed Him publicly at any worship service, and who indicates a commitment to follow Christ as Lord, shall be received as a candidate for baptism. Baptism shall be by complete immersion in water. The Pastor, or anyone the church body authorizes, shall administer the baptism. Baptism shall be administered as an act of worship during another worship service. The Pastor or a Deacon shall counsel a person that has professed Jesus Christ as Savior and has failed to be baptized after a reasonable length of time.

Section 2. The Lord's Supper
The Lord's Supper is a symbolic act of obedience whereby the body of believers, through partaking of the bread and the fruit of the vine, commemorate the death of our Lord and Savior Jesus Christ and anticipate his second coming. The Lord's Supper shall be observed at least quarterly. The Pastor and Deacons shall be responsible for the administration of the Lord's Supper.

Article XIII. Amendments
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Section 1. Amendment
These Bylaws may be amended, altered, or repealed by a two-thirds favorable vote of the members present at a church conference at which such action is considered. No vote shall be taken to amend, alter, or repeal these by-laws until at least thirty (30) days notice has been given in the church newsletter, or by special mailing, that a conference will be held on a specific date for the purpose of presenting the proposed amendment, alteration, or repeal.

Section 2. Copies
A copy of these Bylaws and any amendments thereto shall be maintained by the clerk and copies made available at the church office.

Revision History
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July 26, 2005 - Mailing to the FBC membership to schedule a vote to repeal the existing "Constitution and Bylaws - 1997" and to adopt the proposed "Bylaws of Fairview Baptist Church of Apex". The new Bylaws complement the "Articles of Incorporation" issued 11/18/2004.

August 28, 2005 - "Bylaws of Fairview Baptist Church of Apex" adopted in conference by the unanimous vote of those present.