# LCMS Commission on Constitutional Matters Minutes_St. Louis Missouri_December 3 4 2021_S11 # Machine transcription, uncorrected — CHI Digital Archive (demonstration) disagree with proceeding to appointment from a slate consisting of one candidate—perhaps even on the basis of an impression that such a slate is “defective,” as giving the board no actual choice between two alternatives, regardless of and without judgment on the suitability of the single candidate—the consultation would need to be resumed until such mutual concurrence can be reached on that or another slate. In this consultation both board and President would need to act responsibly, within their respective duties and in the interest of the Synod (Bylaw 1.5.2 [b]), and “expeditiously,” eagerly seeking a slate on which “mutual concurrence” can indeed be achieved, to fill the vacancy. Noting potential unclarities and concern regarding functionality of the parallel process for interim appointments, the commission refers this matter for study to the Commission on Handbook. 111. Northern Illinois District Bylaw Proposal (21-2971) By an email of November 11, the Secretary of the Northern Illinois District forwarded a number of overtures, three from the district’s board of directors and one from a district congregation, prepared for presentation to the district convention, as well as a redlined version of the bylaws showing the effect of their collective adoption. The commission notes the following: • • • • • • In the added language of NI Bylaws I E 3 and I F 4, it would be better to reference the Synod Bylaws as such, rather than as included in the Handbook. NI Bylaws I D 2 and II B 4 d: The word appoint should replace the word elect for consistency with Synod Bylaw 1.5.1.2. In NI Bylaw II B 4 d, it should also be added that the treasurer must be a layperson (Synod Bylaw 4.3.2). NI Bylaw I E 5: The appointment of standing committees is subject to the requirements of Synod Bylaw 1.5.3.4; the district might best cite these requirements here. NI Bylaw II B 1 a: The president is the chief executive (Bylaw 4.4.1) but not the chief executive officer of the district. NI Bylaw V A 1 d: The requirement that regents to be elected must be screened for qualification (Synod Bylaw 3.10.6.2) should be noted here. NI Bylaw V B 4 a: This should be more specific as to regional membership, namely, that the ordained minister must be a member of a congregation of the designated region (Bylaw 4.3.1). Provided the above are addressed as indicated, the commission gives its approval to the bylaw revision overtures, thanks the district for its attention to its governing documents and to this review process, and requests a clean copy of the bylaws as finally adopted by the convention of the district. 112. English District Bylaw Proposal (21-2972) By an email of November 15, the English District Secretary forwarded two overtures proposing changes to the bylaws of the district, one dealing with an analogue to Synod Bylaw 7.1.2 and the other reflecting the changes made by the 2019 Synod Convention to Synod Bylaw 4.3. The commission notes that according to its records the district’s articles of incorporation continue to require modification to satisfy the language requirements of Bylaw 1.5.3.6 and 2016 Res. 9-02A. The commission reviewed the present overtures in the context of the English District Bylaws as revised in convention on June 21, 2018, finding both overtures to be consistent with the Constitution and Bylaws of the Synod. The district is thanked for its attention to its governing documents and for submitting these proposals for review, and is also reminded to submit a clean copy of the bylaws as adopted by the convention for the commission’s files. 113. Review of Dispute Resolution and Expulsion Processes (21-2973) The commission noted November 29, 2019, correspondence from the Synod’s reconciler training contractor regarding a few areas in the Standard Operating Procedures Manuals (SOPM) that might require attention, these having been referred by the Commission on Handbook in its action item 19-009B. (Certain other CCM Minutes – December 3–4, 2021 – Page 83