# LCMS Commission on Constitutional Matters Minutes_St. Louis Missouri_April 8 9 2022_S17
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

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District bylaws typically contain provisions for a finding of temporary inability of a district
president to serve (generally modeled on Bylaw 3.3.1.4) and sometimes attempt to conceive a
procedure, in addition to the inapplicable one in Bylaw 1.5.8.1, to handle the removal of a district
president from office for cause. Such a proposal necessarily treads on difficult ground, as the
limitations on a board of directors’ authority (its dealing, generally, with legal and property matters,
Bylaw 4.5.1, and not extending to supervision of the district president’s ecclesiastical duties) raise
questions about whether it would be the appropriate body to act, and on what basis.
Perhaps the most natural option for a district to remove its president from office, without his being
removed first from the roster of the Synod under Bylaw section 2.15, would be by the calling of a
special convention to deal with the matter, as (Const. Art. XI A 2) “[t]he Synod at all times has the
right to call its officers to account and, if circumstances require it, to remove them from office in
accordance with Christian procedure” (cited in “CCM Opinion re Removal of District Presidents
from Office, Ag. 729, minutes of Feb. 21–22, 1975). At the Synod level, a special session of the
convention may be called “by three-fourths of the district presidents without the consent of the
President” (Article VIII B 2), but there is no obvious alternative to the district president as
“convener” of a special session of a district in Const. Art. XII 15.

This presents something of a conundrum on the district level, thankfully theoretical at present, should a
district find that it need to call its president to account and directly remove him from office for cause in a
circumstance where removal from the roster of the Synod (which would trigger his removal from office) is
not called for. The commission considered referring this matter to the Commission on Handbook but, given
the limitation of the commission’s scope (Bylaw 3.9.4.2 [e]), noted it as an item on which this commission
may—mindful of its role being primarily interpretive rather than legislative—continue its conversation with
the inclusion of the Council of Presidents, should the council be interested.
140. Lutheran Church Extension Fund—Missouri Synod Bylaw Revision Proposal (22-2984)
By an email of January 31, the President and Chief Executive Officer of the Lutheran Church Extension
Fund—Missouri Synod (LCEF) forwarded a proposed revision of his entity’s bylaws for the commission’s
review, involving simply a change in the numerical cap on district membership, put in place in 1990. The
commission reviewed the proposal in light of relevant bylaws and their historical development, ultimately
tabling the item and asking the Secretary to engage LCEF in discussion regarding the relation of its proposal
to necessary changes in related Synod Bylaws, especially Bylaw 3.6.4.2.2, in the context of Bylaw 3.6.1.2.
141. Adjournment and Upcoming Meetings
The commission agreed to a subsequent electronic meeting, date to be determined, to finalize the noted
opinion and to address one new item received from a district. It also determined to circulate dates for an inperson meeting in the late summer, with additional meetings to be conducted by electronic means to
conclude open items and handle any other urgent business.
Having concluded its agenda, the commission adjourned with closing prayer by Rev. Bode.
John W. Sias, Secretary

CCM Minutes – April 8–9, 2022 – Page 104