# LCMS Commission on Constitutional Matters Minutes_St. Louis Missouri_November 20 21 2008_S6
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

Bylaw 1.10.4 (a) identifies the administrator to be:
(a) Administrator: The secretary of a district or of the Synod or an appointee (Bylaw
1.10.6) who manages the dispute resolution process but who does not take leadership,
declare judgments, advise, or become involved in the matter in dispute.
The administrator would be expected to make inquiry as to the reason for the failure, and to encourage the
panel to fulfill its responsibility. Should the administrator believe that the panel is neglecting its duties,
and the panel continues to fail to issue its decision, the administrator should bring the matter to the
attention of the President of the Synod.
It should be noted that a failure of the panel to issue its decision within the time prescribed does not
terminate the proceedings or prohibit the reception of a decision not timely rendered. Unlike the process
set forth in Bylaw 2.14.2 (e), for example, which can result in dismissal of a proceeding should the
accuser fail to meet the accused face-to-face within 30 days, the Synod has imposed no such requirement
for the delayed issuance of a decision as described in the question submitted.
66. Continuation of Candidate Status (08-2537)
The Secretary of the Synod, in a memorandum dated November 21, 2008, requested clarification of
Bylaw 2.11.2.2 (a) regarding candidate status for church workers.
Question:

Bylaw 2.11.2.2 (a) authorizes a district president to continue a candidate on the roster for a
period not to exceed four years. Does the bylaw allow the district president to extend that
status of such candidate member beyond four years?

Opinion: No. Bylaw 2.11.2.2 describes who is eligible for placement on “candidate” status, i.e., a
rostered member of the Synod who is eligible to perform the duties of an active member of the Synod in
one of the offices of ministry specified in Bylaw 2.11.1 but who is not currently an active member or an
emeritus member. Paragraph (b) provides that such a candidate member is required to file an annual
report by January 31 of each year. Based on that report and the district president’s evaluation of the
criteria identified under paragraph (c), the district president may, under paragraph (a), continue the
candidate status for a period not to exceed four years.
If no longer qualifying for candidate status, a member may, if eligible, be continued on the roster as a
non-candidate member pursuant to Bylaw 2.11.2.3.
67. Bylaw Section 1.10 Standard Operating Procedures Manual
The Secretary of the Synod reported to the commission on a meeting with the committee charged by the
Council of Presidents with the responsibility for reviewing proposed operating procedures manual
revisions. The committee proposed an additional paragraph change found in two places in the Bylaw 1.10
manual, i.e., the second-last bullet under section 3.4 on page 23 and the fourth bullet under section 5.3 on
page 27:
The written decision must be signed by all members of the panel who participated in the
hearing and decision. In the interest of meeting time requirements, the decision should be
circulated via overnight mail. When properly signed, it will be forwarded to the required
recipients by the hearing facilitator.

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