# LCMS Commission on Constitutional Matters Minutes_St. Louis Missouri_January 15 16 2021_S5
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

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To be consistent with LCMS Bylaw 3.12.4.1, MNS Bylaw 4.2.15.2 (g) should read as follows:
“The three candidates receiving the highest number of nominating forms, as well as any floor
nominees, for each position shall be listed alphabetically. All names shall be listed without any
distinctive mark, except where regional representation is a requirement of these bylaws.
Nominations from the floor shall be listed on the ballot thereafter in the order nominated.” A similar
change should be made in MNS Bylaw 4.2.15.4 (a).
MNS Bylaw 4.2.15.6 (e): Bylaw 3.12.3.7 (c) does not apply to elections at the district level and can
be omitted here, as floor nominations are dealt with in Bylaw 3.10.6.2 [8].
MNS Bylaw 4.2.15.6 (i): While this is true of the LCMS Committee for Convention Nominations
(LCMS Bylaw 3.12.3) the district’s intention here may be to specify the same for its own
“committee on nominations.” If that is the case, clarification is called for.
MNS Bylaw 4.5.5: There are two elements that might prove confusing here. The commission
suggests: “The board of directors shall consist of the district officers (president, vice-presidents,
secretary, and treasurer), one ordained minister with membership in a congregation of from each
of the four regions, one lay person with membership in a congregation of from each of the eight
conferences, and two commissioned ministers with membership in the district and in of
congregations or parishes in of the district, elected at large.
MNS Bylaw 4.5.7 (d): The limitations on the function of an executive committee identified in
Bylaw 1.5.3.2 (a) should be reiterated here, as well as its ability to act in times of emergency
between plenary meetings.
MNS Bylaws 4.5.16–4.5.16.1: This passage is unclear. The first sentence deals with staff. The
remainder reiterates the portion of Synod Bylaws 1.5.8–1.5.8.1 dealing with district officers other
than the district president. The combination of this material with the first sentence raises the
question of whether cause for terminating staff is intended to be the same cause required for
removal of an officer. The material of Synod Bylaws 1.5.7–1.5.7.1, which would be applicable to
members of the district board of directors, is nowhere mentioned; Synod Bylaw 1.5.7 provides a
more extensive list of causes for these positions. The treatment of the various cases, consistent with
the noted Synod bylaws, should be reviewed for clarity.
MNS Bylaw 7.3: new language should read “…and shall be reviewed and approved in advance by
the LCMS Commission on Constitutional Matters.”

The commission requests submission of a revised draft addressing the above, so that it may approve the
proposal for presentation to the district convention. The district and its secretary are thanked for submitting
the documents for review.
80. Northwest District Bylaw Overture (20-2961)
A congregation of the Northwest District forwarded an overture for the commission’s review, entitled, “To
Memorialize the 2021 Convention of the Northwest District Lutheran Church—Missouri Synod to Amend
District Bylaw 5.7,” and dated October 11, 2020. The commission notes the overture to be substantially
similar, but not identical, to that of Northwest District Circuit 9, as approved by the commission in Op. 202954. The commission commends that opinion to the congregation for its review and reiterates its opinion
as applicable also to this overture: “The proposed addition to the “secondary” bylaws of the district goes in
some respects beyond the requirement of the existing and in-force “primary” bylaws of the district (namely,
Synod Bylaw 1.5.4), in requiring general annual distribution of financial documents to all members of the
district and in requiring delivery of a full budget (perhaps as opposed to a “summary budget”) to any
member (congregational or individual) of the district. It is not, however, inconsistent with the Bylaws of
the Synod for the district to elect to hold its board and administration to the proposed higher standard in
these respects.” This overture’s proposed bylaw amendment is approved for presentation to the district
convention.

CCM Minutes – January 15–16, 2021 – Page 61