# LCMS Commission on Constitutional Matters Minutes_St. Louis Missouri_October 30 31 2020_S5 # Machine transcription, uncorrected — CHI Digital Archive (demonstration) Bylaws: The commission notes the following points requiring attention: • • • • • • • • • Article II E: District conventions are properly governed by the Constitution and Bylaws of the Synod and of the district, by special rules adopted by the convention, and by parliamentary law. How the “District Handbook of Operations” governs the convention is unclear, unless it contains special rules adopted by or in the tradition of the convention itself. This needs to be clarified. Article II G: While this commission reviews policy manuals when submitted (ideally, upon significant revision) and while anything found contrary to the Constitutions, Bylaws, and resolutions of the Synod would be nullified by these documents, policies do not require “approval” by this commission. Article III A 2: For the purpose of eligibility for regional offices at the district level, the region membership of an individual is now determined by the region of the congregation in which the individual holds membership, not the individual’s residence (Synod Bylaw 4.3.1). Thus a change is required here: “with residence membership in a congregation in the designated region” Article III B 3: The numeral is apparently inadvertently struck. Here “moves from the Southern District” might better read “leaves the Southern District,” as residence within the strict boundaries of the district is not required to hold a position; what is required is, for ministers, being on the roster of the district, or for laypersons, holding membership in a congregation of the district. The final sentence of Article III B 3 requires modification as follows: “If any vacancy still exists, the Board of Directors shall appoint a replacement for that position from the members of member congregations of the district (and, if applicable, of the appropriate region). Those holding regional positions must maintain membership in a congregation of the designated region throughout and, when appropriate, residents of designated regions during the course of their tenure.” Article III B 4: The district should at least be aware of the limitation on the authority of an executive committee imposed by Synod Bylaw 1.5.3.2. Article IV B 1: The commission notes the use of the term “accountable” which may refer to a supervisory relationship or may be used in some general sense. The district president is not supervised by the board of directors as regards his ecclesiastical supervisory work, for example, but is responsible to the President of the Synod and the district and Synod in convention. Perhaps such exclusions are contemplated in the last sentence of this paragraph, but the commission feels the whole should be more clearly stated. Article IV D 1: The commission finds the succession rules stated here to be of uncertain meaning, especially as regards the second sentence (which perhaps is intended to read, “to serve...part-time). The district may need to clarify this whole paragraph to more clearly reflect its intentions. Article V D 5: It needs to be noted that the convention retains the right to amend the selections presented by the various regional caucuses for ratification. While districts may, as Southern District has, choose to elect district positions by a process of selection and ratification, the district convention as a whole always retains the right, in such a process, as with ratification of the circuit visitor ballot, to amend the slate to be ratified. Article VI A should note, following the existing sentence dealing with multi-congregation parishes, the following, from Const. XII 10: “Congregations of a multi-congregation parish, other than the congregation supplying the voting lay delegate, may elect and depute an advisory lay delegate, with voice but no vote.” The district and its secretary are thanked for submitting this proposal for review. The commission requests a draft of the proposal with the above issues addressed, so that it can complete its review and approve the bylaws for presentation to the district convention. CCM Minutes – October 30–31, 2020 – Page 43