# LCMS Commission on Constitutional Matters Minutes_St. Louis Missouri_April 3 1997_S6
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

However, the Commission would note that the third resolve of Resolution 3-07A allows the District
President to extend this grace period. But, this is to be done only in extreme and unusual circumstances
with the approval of the Council of Presidents.
The Commission further notes that the provisions added to Bylaw 2.09 as a result of 1995 Resolution 307A refer only to "candidates who have satisfactorily completed an approved synodical educational
program . . . " [emphasis added].
In view of those factors noted above, the Commission concludes that the proposed credentialed Lay
Ministry/Deacon program, while it may be questioned on other grounds, is not contrary to the
Constitution and Bylaws or resolutions of the Synod.
104. Southern District Bylaws (Ag. 2076): The President of the Southern District had requested an
opinion regarding bylaw amendments which were being proposed to the 1997 convention of the Southern
District relative to term limits and voting methods. The questions and the responses provided by the
Commission were as follows:
1) Is it appropriate to change term limits at the beginning of a convention, and to have them become
effective immediately, with application to incumbents?
The Commission on Constitutional Matters does not rule on appropriateness, only on
constitutionality. A convention would decide whether it is appropriate.
2) Can the Southern District remove term limits in its Bylaws for Circuit Counselors, or is the three
term maximum a synodical policy?
Bylaw 4.51, a, lists Circuit Counselors among officers to be elected by the district. Bylaw 4.125,
b, states that limitation of tenure, if any, is to be determined by the district. In view of this, it is
clear that the district may remove term limits if it wishes to do so. However, based on Bylaw
4.125, a, each term may be only for three years.
3)

Are written ballots appropriate for voting on bylaws?
While the normal way of voting is by voice, raising of hands, or both, or by rising, a written
ballot is legitimate. Again, the convention determines appropriateness. Robert's Rules of Order
says, "A member who believes that a secret vote will give a truer expression of the assembly's
will on a pending motion can move that the vote on the motion be taken by ballot."

The Commission in reviewing proposals for amendments had concluded that none of them would be
contrary to the Constitution and Bylaws of the Synod.
105. Adjournment: Chairman Tesch declared the meeting adjourned and asked Rev. Bode to lead the
members of the Commission in a concluding prayer.
Walter L. Rosin, Secretary

Minutes of the Commission on Constitutional Matters - April 17,1997 -Telephone Conference