# LCMS Convention Workbook_St. Louis Missouri_2023_S371
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

STRUCTURE AND ADMINISTRATION
nominate, as initially proposed] suggest eligible candidates from
within the circuit.” The fact that the convention made this evident
distinction between nominating and suggesting a nomination has
led to triennial guidance of circuit visitors by the Office of the
Secretary as follows:
“Nominations for candidates for the office of circuit visitor may
be submitted by a voting congregation of the circuit and
suggested by the district president, in consultation with the
praesidium of the district” (Bylaw 5.2.2 [b]). Unlike names
suggested by district presidents, which names may be added to
the slate of candidates at the meeting by majority vote of the
assembly, the names submitted by congregations must appear on
the ballot for circuit visitor. All suggested or submitted names of
pastors, whether serving congregations or emeriti, should be
accompanied by pertinent information regarding each nominee
(Bylaws 5.2.2 [d][1] and 3.12.3.6 [c]). All nominations must be
received by the circuit visitor before the day of the circuit forum
(Bylaw 5.2.2 [b]).
In its item 19-018, the Commission on Handbook, at the suggestion
of the Secretary, proposed the following change that would make
this practice, with regard to suggested nominations, an explicit part
of the Handbook.
Therefore be it
Resolved, That Bylaw 5.2.2 be amended as follows:
PRESENT/PROPOSED WORDING
5.2.2
The circuit visitor shall hold his position by virtue of his
selection by the circuit forum and ratification by the district
convention.
(a) Circuit forums shall meet at the call of their circuit visitors to
select their circuit visitors no later than the time established by
the district. When in-person meetings are burdensome (e.g.,
geographically large circuits), a circuit may select another
manner of meeting (e.g., e-meeting technologies) that is suitable
and made available to all participants, taking into consideration
the need to provide for an open and fair exchange of ideas and
secure, private, and confidential voting.
(b) Prior to the day of the circuit forum, nominations for
candidates for the office of circuit visitor may be submitted by a
voting congregation of the circuit and suggested by the district
president, in consultation with the praesidium of the district.
Names suggested by the district president may, during the circuit
forum, be received into nomination by a majority vote of the
assembly.
(c) Each circuit may adopt procedures and methods that will
insure efficiency and accuracy, including the use of mechanical,
electronic, or other methods of casting, recording, or tabulating
votes. The privilege of voting shall be exercised by the
representatives from each member congregation of the circuit,
who shall have been selected in the manner prescribed by the
congregation (Bylaw 5.3.2).

Commission on Handbook
Ov. 9-03

To Clarify Bylaws Regarding Appointment
of a Synodwide Corporate Entity Chief Executive
Rationale
The Commission on Constitutional Matters (CCM) in its Opinion
21-2970 (Minutes, Dec. 3–4, 2021), in response to a request for
clarification from a member of a synodwide corporate entity board,
interpreted Bylaw 3.6.1.5 (a) to envision—instead of a process

371

whereby the board would present nominees to the President of the
Synod for him to strike unacceptable names, leaving the remainder
as the board’s appointment slate—a “continued dialogue by which
the board and President jointly construct—by a process not
specified in further detail in the bylaw—a slate of candidates in
which they can mutually concur.” CCM referred the matter to the
Commission on Handbook for clarification of the bylaw language;
the latter commission now presents the following proposal, which
recasts the appointment process, including any interim, in
chronological order and more precisely describes its various steps.
Therefore be it
Resolved, That Bylaw 3.6.1.5 be amended as follows:
PRESENT/PROPOSED WORDING
3.6 Synodwide Corporate Entities
General Principles
…
3.6.1.5
Synodwide corporate entities may create chief executive
positions (who may be designated as an officer of the corporation)
pursuant to Bylaw 1.2.1, and fill them in accordance with the Bylaws
of the Synod and the human resources policies adopted pursuant to
Bylaw 1.5.5.
(a) The chief executive shall serve at the pleasure of the
governing board.be appointed by the governing board according
to the following process:
(1) The slate of candidates for the initial appointment of the
chief executive shall be selected by the governing board in
consultation with and with the mutual concurrence of the
President of the Synod.
(21) In the event of a vacancy, the appropriate governing
board and the President of the Synod shall act expeditiously to
fill the vacancy. This governing board shall present its list of
candidates to the President.
(2) Any appointment of an interim chief executive shall be
made by the governing board in consultation with and the
concurrence of the President of the Synod. Interim service
shall last no more than 18 months, unless renewed by the
governing board with the concurrence of the President of the
Synod.
(3) Nominations shall be gathered by a process that includes
solicitation, in an official publication of the Synod, of
nominations from agencies and officers of the Synod and the
congregational and individual members of the Synod, along
with lay persons of the congregations of the Synod.
(4) The governing board shall from the nominees gathered, in
consultation with and ultimately with the concurrence of the
President of the Synod, select the slate (consisting of one or
more candidates), from which the governing board shall
attempt to select a chief executive for appointment.
(5) In the event of a failure to appoint or a declination, the
governing board may as necessary repeat stages of nomination
gathering, candidate selection, and appointment, but may only
select an appointee from a slate established as described
above.
(b) The chief executive shall serve at the pleasure of the
governing board.
(31) The governing board shall conduct an annual review of
its chief executive and, before the expiration of five years,
conduct a comprehensive review.
(42) At the conclusion of each five-year period, the
appointment shall terminate unless the governing board takes
specific action to continue the person in the office, each
subsequent term not to exceed five years.

2023 Convention Workbook