# LCMS Commission on Constitutional Matters Minutes_St. Louis Missouri_February 2 3 2018_S7
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

•

Bylaws 1.2.1 and 11.4: The district may specify a deadline for mailed registration of delegates, but
can hardly dictate the month in which each congregation must elect its delegates. LCMS Bylaw
4.2.2 provides for seating of delegates as entitled to vote if they present their credentials at the time
of the convention.

•

Bylaw 4.6: The appointment of district reconcilers is no longer required to take place within three
months of the conclusion of the Synod convention. (See 2016 change to LCMS Bylaw 1.10.10.)

•

Bylaw 5.4: Reference should be made to the duties assigned to the district secretary by the Bylaws
of the Synod.

•

Bylaw 7.3: The district may wish to include the requirement of LCMS Bylaw 1.5.3, that the board
meet at least quarterly unless it receives special dispensation from the President of the Synod.

•

Bylaw section 10: The district may wish to confirm the specifics of this detailed section with the
Lutheran Church Extension Fund to determine if all aspects are accurate and necessary to specify
in its bylaws.

•

Bylaw section 15: The district may wish to incorporate the new procedure of LCMS Bylaw
3.9.2.2.3 [b], allowing the district board of directors to reconcile and adopt, in cooperation with the
CCM, changes previously approved by the CCM but adopted by the convention in an amended
state.

•

Bylaw 15.2: The bylaws committee is not able, on its own, to effect changes to the district bylaws,
even in response to Synod’s bylaw changes. The district may adopt an adaptation of the procedure
of LCMS Bylaw 7.1.2, by which its board of directors, with participation of the district bylaw
committee (functioning as the district’s “Commission on Handbook”) and Secretary, and with prior
approval of the LCMS Commission on Constitutional Matters, may effect district bylaw changes
necessary to implement resolutions adopted by a convention of the Synod. These changes must, in
any case, receive the prior approval of the LCMS Commission on Constitutional Matters.
Immediate changes may be unnecessary, as Synod’s bylaws are primary to the district; they are
operative and binding on the district when adopted, despite any contrary district bylaws.

The district is asked to resubmit a version of its proposal, with the noted points having been addressed,
for further review and approval prior to submission of the proposal to its convention.
120. Minnesota North District Proposed Articles and Bylaws (17-2867)
The Secretary of the Minnesota North District, by an e-mail of November 21, 2017, forwarded for the
commission’s review the district’s proposed articles and bylaws. The commission responds as follows:
With regard to the articles, the commission finds that the relationship language required by LCMS 1.5.3.6
is present, although inappropriately filed under the heading “amendments.” Under the same heading,
section 2, the last sentence should likely read, “…for review and approval before presentation to and
adoption by the district convention, after which they shall be recorded with the Secretary of State…” The
required asset disposition language is present.
The commission notes in Article V, Section 2, the procedure for amendment of the articles requires action
of two successive district conventions. The district might wish to consider a less restrictive procedure (at
very least, removing “regular” to allow the possibility of a special convention, should changes be urgently
necessary), if possible under the laws of the State of Minnesota (cf. LCMS Articles of Incorporation, Article
VIII). The procedure as proposed, however, is not contrary to the Constitution and Bylaws of the Synod
and may be retained if the district wishes.
The commission approves the articles for presentation to the convention, with the provision that the noted
points are suitably corrected.
CCM Minutes – February 2, 2018 – Page 95