# LCMS Convention Workbook_St. Louis Missouri_2016_S140
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

140

I. OPINIONS OF COMMISSION ON CONSTITUTIONAL MATTERS

dents. “In the districts of the Synod, [the President of the Synod] shall
carry out his ecclesiastical duties through the district’s president”
(Bylaw 3.3.1.1.1 [b], emphasis added).
Question 2: May the President of the Synod, following the parameters of Bylaw 2.13.2 (Restricted Status and Limitations),
along with Bylaw 2.13.3 (Removal of Restricted Status
and Limitations) and Bylaw 2.13.4 (Suspended Status
and Limitation), discipline a member of Synod?
Opinion: Only the district president having ecclesiastical supervision of an individual member (not the President of the Synod) may
impose restricted status (Bylaw 2.13.2). Suspended status is imposed only in connection with the expulsion procedures delineated
in Bylaw sections 2.14–2.17 (Bylaw 2.13.4; Constitution Art. XIII
2). Bylaws 2.13.2–2.13.4 grant the President of the Synod no authority to impose suspended status apart from the authority granted
him under Bylaws 2.15.1 and 2.17.1 to suspend those under his
direct ecclesiastical supervision (district presidents and officers of
the Synod).
Question 3: May the President of the Synod, following Bylaw
2.14 (Expulsion of Congregations or Individuals from
Membership in the Synod), seek to terminate the membership of a member of the Synod in accord with Article
XIII (Expulsion from the Synod)?
Opinion: There is no provision in the Bylaws of the Synod for the
President of the Synod to assume the responsibility of the district
president of the accused to commence the Bylaw section 2.14 process. “The action to commence expulsion of a congregation or individual from membership of the Synod is the sole responsibility
of the district president who has the responsibility for ecclesiastical
supervision of such member” (Bylaw 2.14.1 [b]).
Adopted September 18–19, 2015
Application of Synod Convention Bylaws to District
Conventions (15-2755)
On March 2, the Secretary of Synod, in response to inquiries
prompted by upcoming district conventions, posed a series of questions regarding Bylaw 4.2.1 (a) and its application of Synod convention bylaws to district conventions.
Background
While districts share the Synod’s Constitution (Constitution Art.
XII 2) and Bylaws (Bylaw 4.1.1.2), each district “is at liberty to adopt
such bylaws and pass such resolutions as it deems expedient for its
conditions, provided that such bylaws and resolutions do not conflict
with the Constitution and Bylaws of the Synod” (Constitution Art.
XII 2). Bylaw 4.2.1 (a) and (e) apply this principle to regulations for
district conventions. (These paragraphs originally read consecutively
[1949 Handbook, p. 55] until separated by the insertion of paragraphs
[b]−[d] by the 2010 convention.) Bylaw 4.7.1 applies this principle in
a distinct manner to regulations for district nominations and elections.
Thus there are four distinct modes in which the Constitution and
Bylaws of the Synod regulate district conventions, nominations, and
elections:
(a)

(b)

Where the Constitution or Synod Bylaws deal directly with district conventions, nominations, or elections, these shall govern.
Districts are not at liberty to adopt conflicting regulations.
Where the Constitution deals with Synod convention, Synod nominations, or Synod elections (and does not elsewhere deal directly
with the same matters regarding a district), it shall govern (e.g.,
Constitution Art. VIII C). Districts share the Synod’s Constitution (Constitution Art. XII 2). Districts are not at liberty to adopt
conflicting regulations.

2016 Convention Workbook

(c)

(d)

Where Synod Bylaws deal with the Synod convention (and do
not elsewhere deal directly with the same matters regarding a
district), they shall govern “insofar as these may be applicable”
(Bylaw 4.2.1 [a]), but districts “may adopt other regulations, provided these are not contrary to the Constitution and Bylaws of the
Synod” (Bylaw 4.2.1 [e]).
Districts are not at liberty to adopt regulations conflicting with
Synod’s Constitution and Bylaws (Constitution Art. XII 2; Bylaws
4.1.1.2; 4.2.1 [e]). Nor are they at liberty to render an authoritative
interpretation of whether or not Synod’s Bylaws are “applicable.”
That authority rests with the Synod and its Commission on Constitutional Matters.
At the same time, the language of Bylaw 4.2.1 (e), “may adopt
other regulations,” suggests that district convention procedures
may vary, to a limited degree, from the Synod’s convention procedures, even where, in the absence of district bylaws, the Synod’s
convention bylaws would govern by default.
It is impossible to provide a concise evaluation of what degree
of variation might be allowable in every given circumstance. The
commission’s review of district regulations and their amendment
(Bylaws 3.9.2.2.3; 4.1.1.2 [b]) serves this purpose. In the precedent, the phrase “insofar as these may be applicable” (Bylaw
4.2.1[a]) has consistently been interpreted expansively, to mean,
“wherever such bylaws deal with structures or procedures that
exist (or should exist) on the district, as well as on the Synod,
level.” See CCM Ag. 02–2229 (regarding Bylaw 3.1.2.1 [d]), 092574 (Bylaw3.1.6 [a]), 06-2485 (Bylaw 3.1.6.1), 02-2281 (Bylaw
3.1.6.2), 10-2577 (Bylaw 3.1.6.2 [c]), 14-2705 (Bylaw 3.1.8 [b]).
Where the Synod’s Bylaws deal with the Synod’s nominations and
elections (and do not elsewhere deal directly with the same matters regarding a district), Synod Bylaws shall by default govern
“insofar as these may be applicable” (see above). However, Synod
Bylaw 4.7.1 allows each district “to adopt regulations for the
nomination and election of its president; the nomination, selection, election, ranking, and succession in case of vacancies of its
vice-presidents; and the nomination or selection of any regional
officers or regional board of directors members, so long as these
provisions do not conflict with the Bylaws of the Synod.”
These may to a limited extent provide different procedures for
the district than exist on the Synod level, without conflicting with
the Constitution or Bylaws of Synod, because Synod Bylaw 4.7.1
grants that bylaws governing Synod-level nomination and election
procedures may be overridden by district bylaws. For example,
the adoption of a new process for election of the Synod President
(2010 Res. 8-13) did not obligate districts to elect their presidents
by an electronic method prior to their conventions. They had preexisting versions of their own rules and regulations, which take
precedence over inferences from Synod-level nomination and
election regulations under Bylaw 4.7.1.

The overarching principle to be respected in each and every case
is that “[t]he Synod is not merely an advisory body in relation to a
district, but establishes districts in order more effectively to achieve
its objectives and carry on its activities. … A district is the Synod
itself performing the functions of the Synod” (Bylaws 4.1.1–4.1.1.1).
Districts shall conceive their regulations in a manner that honors
and respects the general expectations of all Synod’s congregations,
as embodied in Synod’s Constitution and Bylaws, for its conventions, nominations, and elections. The principles evident in Synod’s
regulations always govern district regulations. When in doubt, it is
appropriate to assume that the procedures of Synod’s regulations
apply. Ultimately, the Synod interprets its own Constitution and Bylaws and their applicability to its districts’ conventions, nominations,
and elections.
The CCM, recognizing that this is a long-standing point of confusion, has asked Commission on Handbook to explore the possibility
of bylaw changes to give districts more clear, comprehensive, and
consistent guidance in developing appropriate regulations governing
their conventions, nominations, and elections.