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LCMS Convention Workbook St. Louis, Missouri — 2019, Page 515

Scan: The Lutheran Church—Missouri Synod
Transcription machine transcription, uncorrected

STRUCTURE AND ADMINISTRATION
under Bylaw 1.9.1.1 (d). Since the current bylaws do not deal
specifically with this situation, a member of CDR requested an
opinion from the Commission on Constitutional Matters (CCM).
The resultant opinion (CCM Op. 17-2869) stated that all material
referenced in Bylaw 1.9.1.1 is subject to the appeal processes noted
in Bylaw 3.9.3.2.1 (Appeals prior to publication) and Bylaw
3.9.3.2.2 (Appeals after publication). Since pre-publication appeal
is explicitly mentioned in Bylaw 1.9.2 (l), the commission has
recommended that the bylaws make explicit that post-publication
appeals are also to be directed to CDR.
Therefore be it
Resolved, That Bylaw 1.9.3 be added as follows:
PRESENT/PROPOSED WORDING
1.9.3
After publication any challenge to material that is subject
to doctrinal review, no matter which process is used as listed in
Bylaw 1.9.2, shall be handled according to the procedure and criteria
specified in Bylaw 3.9.3.2.2.

D. PARTNER CHURCH BODY TRANSFER (COH 16-041)
Rationale
Bylaws do not mention any procedure for transfer of individual
members to or from partner churches (they do mention transfer of
congregations in Bylaw 4.1.1.5). The practice has been not to
require members who have transferred to a partner church,
remained in good standing, and desire to transfer back, to go
through reinstatement, so long as there is a procedure for transfer
from the partner church body. That this is possible is not evident
from existing bylaws.
Therefore be it
Resolved, That Bylaw 2.6.4 be added as follows:
PRESENT/PROPOSED WORDING
2.6.4
Transfers of an individual member to or from the roster of
a partner church shall be conducted according to the operating
agreement established between the Synod and that partner church,
and as further implemented in policies of the Council of Presidents.
A former member of the Synod who applies for re-rostering with the
Synod after transferring to a partner church shall, provided the
member remained continuously in good standing on the roster of a
partner church, and insofar as agreements and policies allow, be
handled by transfer and shall not require reinstatement (Bylaw
section 2.18).

E. INTERIM PLACEMENT BY THE COUNCIL OF
PRESIDENTS (COH 16-042)
Rationale
The Council of Presidents of necessity conducts interim placements
of church workers (placements between its regular meetings).
Placement is a bylaw-assigned duty of the Council, so the
delegation of such a responsibility to a committee is questionable.
On this account, the practice has been for the full council to ratify
the placements that occurred in the interim prior to the meeting.
This raises the question of what would happen if ratification failed
of being granted. It would be best to allow explicitly in the bylaws
regarding placement for interim placement authority to be
delegated.
Therefore be it
Resolved, That Bylaw 3.10.1.3 be amended as follows:
PRESENT/PROPOSED WORDING

515

3.10.1.3
The Council of Presidents shall serve as the Board of
Assignments of the Synod. It shall assign first calls to candidates for
the offices of ordained and commissioned ministers and handle or
assist with placement of other professional church workers. The
Council of Presidents may in its policies delegate authority for
interim placement (between its regular meetings) to a committee of
its own members or the chairman of that committee.

F. CLARIFICATION OF BOARD MEMBERSHIP
LANGUAGE (COH 16-046)
Rationale
The Commission on Constitutional Matters noted in its Sept. 14–
15, 2018, meeting (Op. 17-2808A) that there is a potential unclarity
in the language of Bylaw 3.10.6.2, regarding the membership of
college and university boards of regents, referring the matter to the
Commission on Handbook:
The commission notes, for the attention of … the Commission
on Handbook, one potential issue in relation to the language of
advisory [board] members. Synod’s bylaws specify that boards
of regents, like other governing boards “of the Synod,” have
members “elected and appointed as otherwise prescribed in these
Bylaws [of the Synod]” (Bylaw 3.2.2.1). While Bylaw 3.10.6.2
treats ostensibly only of voting members, Synod’s bylaws make
no provision for addition of advisory members to governing
boards. While boards may have many advisors, the language of
board membership has important consequences (e.g., Bylaw
1.5.1’s requirement that board members be members of member
congregations, and Bylaw 3.10.6.5’s requirement that boards not
commingle authority with bodies containing non-board
members.) Likewise, the commission has identified other
instances of officers and staff of agencies being regarded as
advisory members of the boards they serve, despite the absolute
prohibition of Bylaw 1.5.1.1, which does not distinguish voting
from advisory membership. This commission refers this issue to
the Commission on Handbook for clarification.
It is proposed that the inference from Bylaw 3.2.2.1—that the total
membership of these boards is established by existing provisions of
the Synod Bylaws, and that the boards are not free to add non-voting
members as they desire (though they may appoint advisors and
committees involving non-members, etc., as otherwise provided)—
be more clearly embodied in the language of Bylaw 3.10.6.2 and
other bylaws evidencing similar unclarities, as follows.
Therefore be it
Resolved, That Bylaws 3.3.4.1, 3.7.1.3, 3.9.2.1, 3.10.5.2, and
3.10.6.2 be amended as follows:
PRESENT/PROPOSED WORDING
3.3.4.1
The Board of Directors shall consist of no more than 15
voting16 members, 15 of them voting, as follows:
… The First Vice-President of the Synod shall be athe nonvoting
member.
3.7.1.3
The Board of Trustees of Concordia Plans and the Board
of Directors of Concordia Plan Services shall consist of 15 voting16
members. The 15 voting members shall be appointed by the Board
of Directors of the Synod. The Chief Financial Officer of the Synod
shall be athe nonvoting member. Voting members shall be appointed
to three-year terms, which shall not exceed four terms in a successive
period. The 15 voting members shall include:
…
3.9.2.1
The Commission on Constitutional Matters shall consist of
six votingmembers, all voting:

2019 Convention Workbook