Ordinance of the Evangelical Synod of the Canton of Thurgau on the Legal Status of Ordained Ministers - Foundations

1. This regulation is based on § 23 para. 2, § 30, § 34 para. 5, § 40 para. 2, § 64 no. 4, § 72 no. 11, no. 12, no. 14, and no. 26 letter b of the Constitution of the Evangelical Reformed Church of the Canton of Thurgau[1].

1. This regulation governs the terms of service for

- Pastors elected by the church congregation and appointed to a pastoral office;

- Deacons elected by the church congregation and appointed to a diaconate;

- Pastors and their deputies appointed by the supervisory commission for a pastoral office;

- Deacons appointed by the supervisory commission for a diaconate;

- Interim officials appointed by the church council to the pastoral office of a church congregation.

2. It does not apply to other employees of the church congregations or to officials in the cantonal church service, even if they are ordained.

1. Ordination is the obligation, authorization, and blessing for service in the regional church as a pastor or as a deacon.

2. The church council decides on the admission to ordination.

3. Ordination takes place in a public worship service conducted by the church council. It is independent of the assumption of a position in a parish or a cantonal church appointment.

1. The following prerequisites apply for an election by the parish

a. Pastors have eligibility according to § 28 of the Constitution of the Evangelical Church of the Canton of Thurgau and are ordained for church service.

b. Deacons have eligibility according to § 39 of the Constitution of the Evangelical Church of the Canton of Thurgau and are ordained for church service.

1. The election is conducted upon the order of the church council and requires its approval.

2. The procedure is governed by the provisions of the Constitution of the Evangelical Reformed Church of the Canton of Thurgau, the Ordinance on Church Voting and Electoral Law, and the Ordinance on the Election Confirmation for Ordained Ministers.

3. Upon request by the congregation, the church council may alternatively approve an appointment, provided the conditions set forth in this ordinance are met.

1. For all individuals listed in the scope of this regulation, who are to be elected or appointed, a special private extract and a self-commitment in accordance with the text provided by the Church Council are required.

1. Pastors, both male and female, as well as deacons chosen by the parish, are inducted into their office by the dean on behalf of the church council.

1. The induction into office takes place on the basis of the election approved by the church council through the church congregation.

2. The church leadership, the elected individual, and the dean jointly agree on a date for the induction.

3. The induction into office occurs during a service in a church congregation where the elected individual will perform his or her duties.

1. The Office of Pastors Elected by the Church Congregation includes the activities stipulated in § 27 of the Constitution of the Protestant State Church of the Canton of Thurgau.

1. Within the meaning and limitations of § 20 paragraph 2 of the Constitution of the Evangelical Reformed Church of the Canton of Thurgau, pastors elected by the church community are ex officio members of the church council in the church communities where they serve.

2. The supervision of official activities and conduct of office is carried out in accordance with the Constitution of the Evangelical Reformed Church of the Canton of Thurgau by the supervisory commission of the church community and the church council.

1. Remuneration is determined according to the provisions of the Salary Ordinance of the Evangelical Synod of the Canton of Thurgau.

1. Pastors appointed by the congregation must reside within a parish of their area of activity. Generally, the church community provides them with an official residence.

2. An equivalent residency requirement for the spouse remains reserved. With the approval of the appointment, the church council also decides on the residency obligation.

1. Resignation from the pastoral office can occur at the end of any month, with a notice period of at least six months.

2. The resignation letter must be submitted to the church council, with a copy to the church board.

3. The church board may, upon request from the resigning party and after consulting the church council, approve an early termination of the service relationship.

1. Upon reaching the standard retirement age according to the pension plan regulations of the Perkos pension fund, a pastor elected by the parish, whether male or female, shall vacate their office. The term of office ends at the end of the month in which the elected pastor reaches the standard retirement age as stipulated by the pension plan regulations of the Perkos pension fund.

2. Employment after reaching the standard retirement age according to the pension plan regulations of the Perkos pension fund is possible, with the consent of the parish, for a maximum of two years at a time.

1. Elected Deacons may be entrusted with the activities mentioned in § 38 of the Constitution of the Evangelical Church of the Canton of Thurgau.

1. Within the meaning and limitation of § 20 para. 2 of the Constitution of the Evangelical Church of the Canton of Thurgau, deacons elected by the parish are ex officio members of the church council in the parishes of their activity.

2. The supervision of official activities and the performance of duties is carried out in accordance with the Constitution of the Evangelical Church of the Canton of Thurgau by the supervisory commission of the parish and the church council.

1. Remuneration is governed by the provisions of the Salary Ordinance.

1. Deacons and deaconesses elected by the parish are required to reside in a community within their area of activity.

2. Reserved remains an equivalent residency obligation for the spouse. The Church Council decides on the residency obligation with the approval of the election.

1. Resignation from the diaconate can occur at any time at the end of a month, subject to a notice period of at least six months.

2. The resignation letter must be submitted to the church board with a copy to the church council.

3. The church council may, upon the request of the resigning individual and after consulting with the church board, agree to an early termination of the service relationship.

1. Upon reaching the standard retirement age according to the pension plan regulations of the Perkos Pension Fund, a deacon elected by the church congregation, or a deaconess elected by the church congregation, shall retire from office. The term of office ends at the end of the month in which the elected deacon or the elected deaconess reaches the standard retirement age according to the pension plan regulations of the Perkos Pension Fund.

2. Employment after reaching the standard retirement age according to the pension plan regulations of the Perkos Pension Fund is possible, with the consent of the church congregation, for a maximum of two years at a time.

1. An employed pastor may be assigned the duties outlined in § 27 of the Constitution of the Evangelical Church of the Canton of Thurgau.

2. They possess the eligibility for election in accordance with § 28 of the Constitution of the Evangelical Church of the Canton of Thurgau.

1. The supervisory commission and the candidate determine during the application process whether a position should be filled under an employment relationship rather than through an election.

2. If there is an agreement that the position should be filled under an employment relationship, the supervisory commission submits a request to the church community for the transfer of authority.

1. The parish community may transfer its authority to appoint a pastor to the supervisory commission.

2. The transfer of authority is carried out on a case-by-case basis through a resolution of the parish community.

3. The appointment is made by the supervisory commission. It requires approval by the church council.

1. Employed pastors participate in the meetings of the church council with the right to submit motions and an advisory voice, but without the right to vote.

2. The supervision of official activities and conduct is conducted similarly to that of elected pastors by the supervisory committee and the church council.

1. The remuneration is governed by the provisions of the Remuneration Ordinance.

1. The obligation to reside is contractually regulated.

1. The holiday and free Sunday regulation corresponds to that for parish pastors according to the remuneration ordinance.

1. The right to further education and training, as well as study leave, is governed by the Remuneration Regulation and the Regulation concerning further education and study leave.

1. Termination is mutually permissible at any time at the end of a month, subject to a notice period of six months.

2. The termination must be submitted to the Supervisory Commission with a copy to the Church Council.

3. The Church Council may approve a premature dissolution of the contractual relationship upon the request of the resigning party and after consulting the Supervisory Commission.

1. The contractual relationship shall terminate no later than at the end of the month in which the employed pastor reaches the normal retirement age in accordance with the pension plan regulations of the Perkos pension fund.

2. Employment in the same parish after reaching the normal retirement age according to the pension plan regulations of the Perkos pension fund is possible with the approval of the supervisory commission for a maximum of two years at a time.

1. An employed ordained deacon, male or female, may be assigned the tasks mentioned in § 38 of the Constitution of the Evangelical Church of the Canton of Thurgau.

2. They possess eligibility in accordance with § 39 of the Constitution of the Evangelical Church of the Canton of Thurgau.

3. With a view to obtaining ordination, non-ordained deacons, male or female, can be employed for a deacon position for a maximum of three years.

4. As representatives for a deacon position, non-ordained deacons, male or female, can also be employed temporarily for one year.

1. The church congregation may transfer its authority to fill a deaconate position to the oversight commission.

2. The transfer of authority occurs on a case-by-case basis through a resolution by the church congregation.

3. The appointment is made by the oversight commission. It requires approval by the church council.

1. Ordained Deacons, both male and female, can be employed as deacons regardless of their level of employment.

2. Employed Deacons, both male and female, participate in meetings of the church council with the right to propose motions and an advisory vote.

3. Oversight of official duties and conduct is carried out according to the constitution of the Evangelical Reformed Church of the Canton of Thurgau by the supervisory commission of the church community and the church council.

1. Remuneration is governed by the provisions of the Remuneration Ordinance.

2. ...

1. The obligation to reside is contractually regulated.

1. The entitlement to further education and training as well as study leave is governed by the regulation concerning further education and study leave.

1. Termination can be mutually executed at the end of any month, subject to a notice period of at least three months, unless a longer notice period has been agreed upon.

2. The termination notice must be submitted to the Supervisory Commission with a copy to the Church Council.

3. Upon request by the resigning party and after consulting the Supervisory Commission, the Church Council may agree to an early termination of the contractual relationship.

1. The contractual relationship ends no later than the end of the month in which the employed deacon reaches the standard retirement age according to the pension fund regulations of Perkos.

2. Employment in the same parish after reaching the standard retirement age according to the pension fund regulations of Perkos is possible with the approval of the supervisory commission for a maximum of two years at a time.

1. Interim Pastors are candidates for the parish office who do not meet the qualifications for election to the parish office. However, the Church Council may, pursuant to § 28 paragraph 2 of the Constitution of the Evangelical Reformed Church of the Canton of Thurgau, provide them with an extraordinary pathway to the parish office of the Church following the conclusion of their interim period.

1. Whether a candidate fulfills the requirements for the status of administrator is determined by the church council.

1. The status of administrator is limited to a maximum of three years. It can be extended by one year by the church council in exceptional cases.

1. The Church Council determines the duration of the interim service and decides no later than 12 months before its expiration on the granting of eligibility for election to a pastoral office in the regional church. It obtains an opinion from the supervisory commission and the candidate and decides on admission to the examination colloquium.

2. In case of a positive decision, it initiates and conducts an examination colloquium.

3. No later than 9 months before the expiration of the agreed interim service, the supervisory commission decides whether to nominate the candidate for election.

4. If the supervisory commission decides to conduct an election, it must take place no later than 6 months before the expiration of the agreed interim service.

5. If the candidate is not proposed for election or is not elected by the church community, the interim service ends at the latest at the agreed time.

6. If the candidate is lawfully elected, he or she attains the status of the elected pastor with the election.

1. The duties of the administrators include the pastoral activities provided for in § 27 of the Constitution of the Evangelical Church of the Canton of Thurgau.

1. The appointment of a temporary administrator is carried out by the supervisory commission.

2. Temporary administrators participate in the meetings of the church council with the right to propose motions and an advisory vote.

3. The supervision of official activities and conduct is carried out similarly to the elected pastors by the supervisory commission and the church council.

1. Remuneration is governed by the provisions of the Remuneration Ordinance.

2. ...

1. The obligation to reside is contractually regulated.

1. The holiday and free Sunday regulation corresponds to that for parish pastors according to the remuneration ordinance.

1. The Right to Further Education and Training is governed by the Ordinance concerning Further Education and Study Leave.

1. Termination may be mutually agreed upon at the end of any month, provided that a notice period of at least three months is observed.

2. The termination must be submitted to the Supervisory Commission with a copy to the Church Council.

3. The Church Council may, upon request from the resigning party and after consulting the Supervisory Commission, agree to an early dissolution of the contractual relationship.

1. Deputies bridge the vacancies that arise in a parish office due to personnel changes, vacations, illness, or accidents.

2. The church council decides whether a candidate meets the requirements for a position as a deputy in the parish office.

1. The duties of the deputies include the pastoral activities provided in § 27 of the Constitution of the Evangelical Church of the Canton of Thurgau.

2. Tasks that require ordination are reserved for ordained pastors.

1. The appointment of a deputy is conducted by the supervisory commission.

2. Deputies are invited to the meetings of the church council. They have neither the right to vote nor the right to submit motions.

3. Supervision of official activities and conduct is carried out in a manner analogous to that of elected pastors by the supervisory commission and the church council.

1. The deputy status is limited to a maximum of one year. It may be extended by the church council for a further year at most, in exceptional cases.

1. The employment relationship, including compensation, must be regulated contractually.

2. Otherwise, the provisions of the Salary Ordinance shall apply.

1. Long-term representations that exceed a duration of two months must be approved by the church council.

1. The following provisions regarding the creation, modification of scope, or dissolution of parish offices, part-time parish offices, and diaconates apply to all parish and diaconate positions approved by the church council in the parishes pursuant to § 72 No. 26 lit. b and § 15 No. 13 of the Constitution of the Evangelical Reformed Church of the Canton of Thurgau.

1. The creation, modification of the scope, or dissolution of parish offices, part-time parish offices, and deaconates is decided by the church council after consultation with the parties involved.

2. Any redistribution of the duties within the existing scope or the division of a parish position is decided by the parish community.

3. The church executive board decides on the proposal to be submitted to the parish community concerning changes to the total employment scope of the parish or deaconate positions. The supervisory commission decides on the proposals to be submitted to the parish community regarding the redistribution of duties within the total scope after discussion within the church executive board.

1. A reduction in the total number of parish positions is only possible if

- a vacancy exists,

- or a clerical officeholder wishes to reduce their workload,

- or the term of office ends.

2. In the case of a vacancy, the new workload applies to the newly elected or appointed clerical officeholder.

3. In justified exceptional cases, the church council may, upon request by the parish, approve a reduction in the total number of parish positions during the term of office, particularly if the geographical area of the parish is changed or if the parish's financial situation requires it.

1. If the parish wishes to reduce the total number of pastoral positions without a vacancy or a reduction request, it must submit a corresponding application to the church council at least two years before the end of the term of office.

2. The church council shall decide on the approval of the reduction of positions no later than 18 months before the end of the term of office.

3. The office holders shall declare within one month whether they wish to take on the reduced pastoral position.

4. If all elected office holders wish to remain in their current positions without change, the following procedure shall apply

1. All office holders elected by the parish must undergo a re-election process. The re-election must be conducted no later than 6 months before the end of the term of office.

2. During the re-election, the church members shall decide which of the current office holders shall retain the unchanged positions.

3. Ballots with the necessary number of lines shall be used for the election.

4. The office holder who receives the fewest votes in the re-election shall either be assigned the reduced pastoral position or, in the event of the elimination of the position, shall leave the pastoral office. The departing individual shall continue to exercise their duties with the previous workload until the end of the term. Subsequently, they may choose to take on the reduced pastoral position or decline it. If they decline to continue in the position with a reduced workload, they must inform the church executive board within one month after the re-election.

1. If the church council decides, upon request of the parish, to implement an overall reduction in positions, priority should be given to reducing those positions where the incumbents are employed—unless an elected official voluntarily agrees to reduce their workload.

2. Employees whose positions are reduced shall continue to perform their duties at their previous workload until the end of the notice period, which concludes at the end of the month following the church council's decision on the reduction. Should they choose not to continue the office with a reduced workload, they must inform the supervisory commission within one month after the church council's decision.

1. A reduction in position against the will of an elected pastor in a single pastorate must occur at the end of a term of office.

2. The church congregation shall submit an application for a reduction in the scope of the position to the church council no later than two years before the end of the election period. The council shall decide no later than 18 months before the end of the term of office.

3. After the church council's decision, the affected incumbent shall declare within one month whether he or she wishes to assume the reduced pastorate after the expiration of the regular term. Otherwise, he or she will leave office at that time.

4. ...

1. The reduction of a pastoral office with employment is possible at any time by adhering to the notice period. This begins with the decision of the Church Council regarding the reduction of the position, according to § 58 of this regulation.

2. If the employed pastor declines to continue the position with a reduced workload, they must inform the supervisory commission within one month of the Church Council's decision.

**1. Staff Reduction during the Term**

A staff reduction during the term shall take effect on the date set by the Church Council in its decision on the reduction, but no earlier than after the expiration of 18 months. An earlier staff reduction is possible with the consent of the affected officials.

**2. Declaration by Affected Officials**

The affected officials, or the affected official, shall declare within one month of the Church Council's decision whether they wish to assume the reduced pastoral position after the set deadline has passed. Otherwise, they will resign from office.

**3. Re-election Procedure**

If all of the officials wish to remain in their positions at the current scope, the re-election must be conducted no later than six months before the deadline set by the Church Council.

**4. Resignation Procedure**

If the official with the fewest votes in the re-election decides not to continue in office with a reduced workload, they must inform the church leadership within one month after the re-election.

**5. ...**

1. The conversion of a pastorate into a deaconate position, whether in whole or in part, shall be decided by the church council upon the request of the parish.

1. Decisions regarding changes to deaconry positions are made by the church council pursuant to § 72, item 26, letter b of the Constitution of the Evangelical Reformed Church of the Canton of Thurgau, after consultation with the parties involved.

2. The procedure established in § 56 to § 65 of this ordinance for the modification of the scope and for the abolition of pastor positions applies mutatis mutandis to deaconry positions as well.

1. Positions of deacons and female deacons, as well as other employees created or increased in connection with a reduction of parish positions, are also subject to the provisions of § 34 para. 5 of the Constitution of the Evangelical Church of the Canton of Thurgau in the event of abolition or changes in scope.

1. If parishes are connected through a joint pastorate or diaconate, the election or confirmation election shall be conducted in accordance with the existing agreement between the parishes. It shall be carried out secretly.

2. If the election procedure is not regulated in the agreement, the election or confirmation election shall take place in parish meetings held simultaneously or by ballot voting.

3. Regarding the filling of positions through election or appointment, the total workload of a position across all participating parishes shall be the decisive criterion.

1. Subject to any contrary agreement regulation, the election is deemed successful if the candidate is elected in all the involved parishes.

2. If an election or confirmation election in parishes connected by a joint pastorate or diaconate leads to a different result, the election shall be considered as not successful in all the involved parishes.

1. The supervisory commissions must reach their decision regarding a confirmation election by mutual agreement. If no agreement is reached, the church council decides on the scheduling of a confirmation election in all affected parishes.

1. If a request for a confirmation election is made in only one congregation through the collection of signatures, the church council shall order a confirmation election for all congregations of the joint pastorate or diaconate.

1. Where multiple church congregations are linked through a joint pastoral office, the voting right of the ordained person chosen by the congregation applies in all of the involved church councils. In joint meetings of the church councils, the ordained individuals have only one vote each.

1. Coupled Appointments involve two individuals who fulfill a specified total workload as job-sharing partners and are elected or hired jointly and simultaneously.

2. ...

3. Job-sharing partners have the same status.

1. If a position, which holds a vote in the church council, is occupied by two persons, the voting right can only be exercised by one of them. If the workloads are distributed unequally, the voting right will be exercised by the person who holds the larger workload. In cases of equal workloads, the job-sharing partners shall agree among themselves who will exercise the voting right for each term of office.

1. The allocation of work and hours is contractually regulated between the job sharing partners and the supervisory commission, as is the responsibility for any subsequent changes to this allocation. The minimum workload per partner is 20 percent of a full-time position.

2. Any subsequent changes to the allocation of workload require the approval of the supervisory commission.

3. Job sharing partners can only leave the office together.

1. The right to further training is the same for both as in a single position occupancy. In the case of differing employment percentages, the respective percentage share is decisive for the calculation of the further training entitlement.

2. The entitlement to study leave is generally calculated separately. If the two job-sharing partners wish to take study leave together but have entitlement at different times, the later date is decisive, since the second job-sharing partner may also assert a claim.

1. The presidium or a delegation of the supervisory commission shall generally conduct a review meeting once a year with the individuals affected by this regulation.

2. In the spiritual-theological area, the review meeting has merely an orienting character.

1. The assumption of public offices and participation in permanent cantonal church commissions are generally permissible. They must not impair the performance of duties.

2. Officeholders must inform the oversight commission in advance.

1. Officials who already perform at 100% capacity are generally not permitted to take on secondary employment. In justified exceptional cases, the supervisory commission may grant approval.

2. In the case of part-time positions, secondary employment combined with other employment activities must not exceed a total employment rate of 100 percent. The supervisory commission must be informed upon taking on secondary employment.

3. Secondary employment is considered to be activities compensated with salary or monetary or non-cash benefits of a salary-like nature.

4. An election to the position of Dean or to the church council does not require approval from the supervisory commission. However, they must be informed.

1. If the supervisory commission intends to terminate an employed official, an acting official, or an acting official (female), it must notify the affected person within a specified period through a contestable decision, with a copy to the church council.

2. The conditions for termination by the supervisory commission are governed mutatis mutandis by the provisions of the ordinance of the government council regarding the legal status of state personnel. This also applies to extraordinary terminations.

1. The starting point for changes in the parishes and their scope pursuant to § 34 para. 5 and § 72 no. 26 lit. b of the Constitution of the Protestant Church of the Canton of Thurgau are the parish positions existing at the time of this ordinance's entry into force, as well as the diaconate positions occupied by ordained deacons and deaconesses.

2. Parishes that, at the time of this ordinance's entry into force, have positions occupied by ordained deacons or deaconesses who are not elected by the church parish, but do not wish to define these as diaconate positions (diaconates) according to § 72 no. 26 lit. b of the Constitution of the Protestant Church of the Canton of Thurgau, must make a resolution on this within one year and communicate the decision to the Church Council.

1. For employment relationships that have already been terminated but not yet dissolved at the time this regulation comes into effect, the previous law shall apply. For all previous employment relationships, new law shall apply after this regulation comes into effect.