# LCMS Convention Workbook_St. Louis Missouri_2019_S515 # Machine transcription, uncorrected — CHI Digital Archive (demonstration) STRUCTURE AND ADMINISTRATION under Bylaw 1.9.1.1 (d). Since the current bylaws do not deal specifically with this situation, a member of CDR requested an opinion from the Commission on Constitutional Matters (CCM). The resultant opinion (CCM Op. 17-2869) stated that all material referenced in Bylaw 1.9.1.1 is subject to the appeal processes noted in Bylaw 3.9.3.2.1 (Appeals prior to publication) and Bylaw 3.9.3.2.2 (Appeals after publication). Since pre-publication appeal is explicitly mentioned in Bylaw 1.9.2 (l), the commission has recommended that the bylaws make explicit that post-publication appeals are also to be directed to CDR. Therefore be it Resolved, That Bylaw 1.9.3 be added as follows: PRESENT/PROPOSED WORDING 1.9.3 After publication any challenge to material that is subject to doctrinal review, no matter which process is used as listed in Bylaw 1.9.2, shall be handled according to the procedure and criteria specified in Bylaw 3.9.3.2.2. D. PARTNER CHURCH BODY TRANSFER (COH 16-041) Rationale Bylaws do not mention any procedure for transfer of individual members to or from partner churches (they do mention transfer of congregations in Bylaw 4.1.1.5). The practice has been not to require members who have transferred to a partner church, remained in good standing, and desire to transfer back, to go through reinstatement, so long as there is a procedure for transfer from the partner church body. That this is possible is not evident from existing bylaws. Therefore be it Resolved, That Bylaw 2.6.4 be added as follows: PRESENT/PROPOSED WORDING 2.6.4 Transfers of an individual member to or from the roster of a partner church shall be conducted according to the operating agreement established between the Synod and that partner church, and as further implemented in policies of the Council of Presidents. A former member of the Synod who applies for re-rostering with the Synod after transferring to a partner church shall, provided the member remained continuously in good standing on the roster of a partner church, and insofar as agreements and policies allow, be handled by transfer and shall not require reinstatement (Bylaw section 2.18). E. INTERIM PLACEMENT BY THE COUNCIL OF PRESIDENTS (COH 16-042) Rationale The Council of Presidents of necessity conducts interim placements of church workers (placements between its regular meetings). Placement is a bylaw-assigned duty of the Council, so the delegation of such a responsibility to a committee is questionable. On this account, the practice has been for the full council to ratify the placements that occurred in the interim prior to the meeting. This raises the question of what would happen if ratification failed of being granted. It would be best to allow explicitly in the bylaws regarding placement for interim placement authority to be delegated. Therefore be it Resolved, That Bylaw 3.10.1.3 be amended as follows: PRESENT/PROPOSED WORDING 515 3.10.1.3 The Council of Presidents shall serve as the Board of Assignments of the Synod. It shall assign first calls to candidates for the offices of ordained and commissioned ministers and handle or assist with placement of other professional church workers. The Council of Presidents may in its policies delegate authority for interim placement (between its regular meetings) to a committee of its own members or the chairman of that committee. F. CLARIFICATION OF BOARD MEMBERSHIP LANGUAGE (COH 16-046) Rationale The Commission on Constitutional Matters noted in its Sept. 14– 15, 2018, meeting (Op. 17-2808A) that there is a potential unclarity in the language of Bylaw 3.10.6.2, regarding the membership of college and university boards of regents, referring the matter to the Commission on Handbook: The commission notes, for the attention of … the Commission on Handbook, one potential issue in relation to the language of advisory [board] members. Synod’s bylaws specify that boards of regents, like other governing boards “of the Synod,” have members “elected and appointed as otherwise prescribed in these Bylaws [of the Synod]” (Bylaw 3.2.2.1). While Bylaw 3.10.6.2 treats ostensibly only of voting members, Synod’s bylaws make no provision for addition of advisory members to governing boards. While boards may have many advisors, the language of board membership has important consequences (e.g., Bylaw 1.5.1’s requirement that board members be members of member congregations, and Bylaw 3.10.6.5’s requirement that boards not commingle authority with bodies containing non-board members.) Likewise, the commission has identified other instances of officers and staff of agencies being regarded as advisory members of the boards they serve, despite the absolute prohibition of Bylaw 1.5.1.1, which does not distinguish voting from advisory membership. This commission refers this issue to the Commission on Handbook for clarification. It is proposed that the inference from Bylaw 3.2.2.1—that the total membership of these boards is established by existing provisions of the Synod Bylaws, and that the boards are not free to add non-voting members as they desire (though they may appoint advisors and committees involving non-members, etc., as otherwise provided)— be more clearly embodied in the language of Bylaw 3.10.6.2 and other bylaws evidencing similar unclarities, as follows. Therefore be it Resolved, That Bylaws 3.3.4.1, 3.7.1.3, 3.9.2.1, 3.10.5.2, and 3.10.6.2 be amended as follows: PRESENT/PROPOSED WORDING 3.3.4.1 The Board of Directors shall consist of no more than 15 voting16 members, 15 of them voting, as follows: … The First Vice-President of the Synod shall be athe nonvoting member. 3.7.1.3 The Board of Trustees of Concordia Plans and the Board of Directors of Concordia Plan Services shall consist of 15 voting16 members. The 15 voting members shall be appointed by the Board of Directors of the Synod. The Chief Financial Officer of the Synod shall be athe nonvoting member. Voting members shall be appointed to three-year terms, which shall not exceed four terms in a successive period. The 15 voting members shall include: … 3.9.2.1 The Commission on Constitutional Matters shall consist of six votingmembers, all voting: 2019 Convention Workbook