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LCMS Convention Workbook St. Louis, Missouri — 2023, Page 387

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

STRUCTURE AND ADMINISTRATION

387

Ov. 9-32

PRESENT/PROPOSED WORDING

Article XV Changes in, and Amendments to, the
Constitution
1. …
2. All proposed changes and amendments must be submitted in
writing to the Synod assembled in convention, and each proposed
change shall be voted on separately. A two-thirds majority of all
votes cast shall be necessary for adoption.
3. After adoption by the convention such amendments shall be
submitted to the congregations of the Synod by means of three
announcements in the official periodical within three months
after the close of the convention.
42.…

and be it further
Resolved, That Bylaw chapter 7 be amended as follows:
PRESENT/PROPOSED WORDING
7. AMENDMENTS TO BYLAWS
7.1Amendments to the Bylaws may be made using one of two
procedures, provided they are not contrary to the Constitution of the
Synodof the Synod shall be submitted directly to each voting
congregation of the Synod on an official ballot, and the
congregations shall by official action express their affirmative or
negative vote and indicate the same to the Secretary of the Synod on
this official ballot. The proposed amendment shall become effective
at the expiration of six months from the date on which the
amendment is submitted for vote, provided a majority of the votes
cast within that period shall have favored the amendment. At the end
of the six-month period the Secretary of the Synod shall announce
the outcome of the voting by districts in the official periodical of the
Synod.
7.1.1
Amendments may be made by conventions of the Synod.
(a) They shall be presented in writing to a convention of the
Synod.
(b) They shall be specified as bylaw amendments and considered
by a convention floor committee.
(c) They shall be examined by the Commission on Constitutional
Matters prior to presentation to the convention to determine that
they are not in conflict as to content with the Constitution and
Bylaws of the Synod.
(d) They shall be examined by the Commission on Handbook
prior to presentation to the convention to determine that they are
in agreement in language (terminology) with the current
Handbook.
(e) They shall be adopted by the affirmative vote of a majority
of the delegates present and voting.
7.1.2
In exceptional circumstances and upon the express
direction of a convention of the Synod, amendments may be made
by a two-thirds majority of the Board of Directors.
(a) Such amendments to the Bylaws shall be necessary to
implement resolutions adopted by a convention of the Synod.
(b) Such amendments shall be drafted by the Secretary of the
Synod and shall be reviewed by the Commission on
Constitutional Matters and the Commission on Handbook.

and be it finally
Resolved, That the Secretary of the Synod shall be responsible
for implementing this task.
Huntington Woods
Huntington Woods, MI

To Require Ratification of Commission on
Constitutional Matters Opinions
WHEREAS, Bylaw 3.9.2 states the Commission on Constitutional
Matters (CCM) exists to interpret the Constitution, Bylaws, and
resolutions of the Synod and ensure that the governing instruments
of the Synod and its agencies are in accord with the Constitution
and Bylaws of the Synod; and
WHEREAS, The CCM is not required to present all of its opinions
to members of Synod; and
WHEREAS, Bylaw 3.9.2.2 (c) states “An opinion rendered by the
commission shall be binding on the question decided unless and
until it is overruled by a convention of the Synod. Overtures to a
convention that seek to overrule an opinion of the commission shall
support the proposed action with substantive rationale from the
Constitution, Bylaws, and resolutions of the Synod. All such
overtures shall be considered by the floor committee to which they
have been assigned and shall be included in a specific report to the
convention with recommendations for appropriate action.”; and
WHEREAS, In the 2016 and 2019 Synod conventions, eleven
overtures representing eight district conventions (including the
Texas District Convention), twenty-five congregations, and two
district boards of directors were adopted and submitted to
specifically overrule a CCM opinion; and
WHEREAS, The 2016 and 2019 Synod conventions received no
“specific report” in Convention Workbooks or Today’s Business,
similar to all other convention reports in the form of a “statement of
work performed or contemplated by those charged with conducting
the business of the Synod” (Bylaw 3.1.6.1); and
WHEREAS, In the absence of such a report, neither were there any
“recommendations for appropriate action” regarding the overruling
of the CCM opinion; and
WHEREAS, The 2019 convention Floor Committee Two’s
presentation on Resolution 2-07, which referenced these overtures,
spoke to concerns “related to Bylaw 3.8.3,” (2019 Proceedings, 49,
125) but did not speak to the CCM opinion itself or the specific
concerns raised in the overtures about how that opinion was
contrary to the Synod Constitution or other Bylaws; and
WHEREAS, Such practice makes it possible for the opinions of the
CCM to become binding without members of the Synod having the
ability to speak to them, discuss and debate them, and if necessary,
overrule them; therefore be it
Resolved, That a summary of all CCM opinions be made
immediately available upon such an opinion being rendered in an
official periodical, and the full opinion be made immediately
available on the Synod website and be included in each Convention
Workbook, all under CCM headings and with proper reference
numbers; and be it further
Resolved, That Bylaw 3.9.2.2 (c) be amended as follows:
PRESENT/PROPOSED WORDING
3.9.2.2
The Commission on Constitutional Matters shall interpret
the Synod’s Constitution, Bylaws, and resolutions upon the written
request of a member (congregation, ordained or commissioned
minister), official, board, commission, panel, or agency of the
Synod.
…
(c) An opinion rendered by the commission shall not be
considered binding on the members of Synod on the question

2023 Convention Workbook