LCMS Convention Workbook St. Louis, Missouri — 2010, Page 259

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OPINIONS OF COMMISSION ON CONSTITUTIONAL MATTERS
Opinion: The only difference is terminology. In one case the
term used is a “regular meeting” (Art. VIII A 1) and in another a
“special session” which can be called in different ways (Art. VIII
B).Whether a “regular meeting” or a “special session,” either one
is a convention of the Synod, and the appropriate provisions under
Constitution Art. V, VIII, and IX and Bylaw section 3.1 apply to
both in the same way.
Question 4: Do the existing bylaws (3.1.2–3.1.5.2; 3.1.6–3.1.10.1;
5.3.3) provide for the implementation of Article VIII B?
Opinion: Yes. See the answer to question #3 above.
Question 5: As long as any amendments to the Bylaws are in harmony with Constitution Art. VIII B 1, Art. IX, Art. V,
may bylaws be added or amended in order to provide for
the implementation of “special sessions of the Synod”
only?
Opinion: Yes. However, the amendment process must be in accord
with Chapter VII of the Bylaws, “Amendments to Bylaws” (Cf.
2004 Handbook, pp. 202–203).
Question 6: Is any specific process delineated to appoint delegates
or representatives to a “special session” of the Synod?
Opinion: No. Bylaw 3.1.2.2 states that “voting delegates shall serve
a three-year term. … ” The delegates elected to attend the convention at the beginning of a triennium continue to serve as needed
throughout their three years of service.
Question 7: Do the existing bylaws call for the election of “new”
delegates for a special session of the Synod or do they
require the delegates from the “previous” convention to
be the delegates to a special session of the Synod?
Opinion: No, the existing bylaws do not call for the election of new
delegates. See the answer to question #6 above.
Question 8: If circumstances warrant, would it be possible to elect
different voting delegates to the special session?
Opinion: There is no such provision under the current Constitution
and Bylaws of the Synod.
Question 9: If so, what would the process be?
Opinion: If the convention desired to develop a procedure to elect
new voting delegates for a special session of the Synod, this would
require the adoption of the necessary amendments to the Constitution and/or Bylaws of the Synod.
Question 10: Could that process include the election by district conventions of voting delegates to the special session?
Opinion: Yes, such an election would be possible if a process were
adopted by a convention of the Synod that would be consistent with
the Constitution of the Synod, specifically Articles V, VIII, and IX,
and with all applicable bylaws.
Adopted April 21–22, 2007
Status of “Visiting Faculty” (07-2491)
In a February 2, 2007, e-mailed letter, a professor of one of the
Synod’s educational institutions noted that some members of the faculty on which he serves are termed “Visiting Faculty” and, because
they have not received “initial level appointments” (Bylaw 3.8.3.8.2),
do not enjoy some of the rights that are granted to faculty members
with such appointments.
Question: For the purposes of Bylaw 3.8.3.8 (b), are these “Visiting
Faculty” temporary faculty members, and therefore
ineligible to vote in faculty matters during the time
that they do not hold an initial level appointment? Or
to put the question another way, is the university free
to classify faculty members as non-temporary, even if

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they do not hold an initial level appointment, or do the
bylaws require that they be classified as temporary faculty members until such time as they receive an initial
level appointment? If these faculty members who do not
hold initial level appointment are not considered temporary according to synodical bylaws, are they eligible to
serve on faculty committees that certify church worker
students for the roster of the Synod?
Opinion: Bylaw 3.8.3.8 provides two categories for the faculty of
colleges and universities of the Synod, “the full-time faculty and
the part-time faculty.” Paragraph (a) of the bylaw further defines
the sub-categories to be included under “part time or temporary
faculty members” including those who are distinguished by the
prefix or suffix “visiting.” Paragraph (b) makes clear that all such
part-time or temporary faculty members “hold nonvoting membership on the faculty.”
The Commission concludes that the “Visiting Faculty” referred to
in the question are therefore referenced in Bylaw 3.8.3.8 (a) when it
speaks of “visiting” with reference to “part-time or temporary faculty
members.” They are therefore to be regarded as such and, according
to Bylaw 3.8.3.8 (b), hold nonvoting membership on the faculty until
such time as they receive an initial level full-time appointment. In
view of their nonvoting status, they are not eligible to serve on faculty
committees that certify church worker students for the roster of the
Synod under Bylaw section 2.7.
Adopted May 18–20, 2007
CCM Model Constitution re Excommunication Vote (07-2492)
A pastor of the Synod in an April 9, 2007, letter raised an issue
regarding paragraph 5.4.2 of the commission’s 2006 Guidelines for
Constitutions and Bylaws of Lutheran Congregations pertaining to
standards for excommunication, i.e., whether a unanimous vote of
the congregation is required for an excommunication. He judged
that “the model constitution … provided by [the] Synod contradicts
[the] Synod’s position on excommunication under Article II of [the]
Synod’s Constitution” and suggests that “the model constitution” be
revised and congregations be advised to revise their constitutions to
reflect the “Synod’s doctrinal position.”
Question: [Does] the model constitution provided by the Synod
contradict the Synod’s position on excommunication
under Article II of the Synod’s Constitution?
Opinion: While the pastor did not formally request an opinion from
the Commission on Constitutional Matters (Bylaw 3.9.2.2), the
commission regards the communication with having the intention
to ask the above question.
The Commission on Constitutional Matters regards the 2006
Guidelines to be consistent and in harmony with Article II of the
Synod’s Constitution, including the Synod’s position on excommunication under Article II. The 2006 Guidelines state:
Communicant members who conduct themselves in an un-Christian
manner shall be admonished according to Matthew 18:15–20 and the
congregation’s stated and adopted guidelines. If they remain impenitent
after proper admonition, they shall be excommunicated. Each case of
excommunication or self-exclusion shall be presented to the voters assembly for a decision. A two-thirds majority vote of the voters assembly
shall be required.

The “two-thirds majority vote” reflects concern by the commission that excommunication not occur by a simple majority vote because of the gravity and great importance of the matter.
Historically, the 1956 and 1963 Guidelines for Constitutions and
Bylaws of Lutheran Congregations do suggest a “unanimous vote”
by the voters assembly for excommunication. However, the 1985
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