LCMS Convention Proceedings St. Louis, Missouri — 1998, Page 157

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STRUCTURE
RECOMMENDATION C (Constitution)
Article XI B. Duties of the President of the Synod
5. When the Synod meets in convention the President shall give a report of his administration. He shall
conduct the sessions of the convention so that all things
are done in a Christian manner and in accord with the
Constitution and Bylaws of the Synod.

COMMENT: Restatement of present provision.
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Omit: 6. “The president shall sign the official papers and
documents in the name of the Synod.’’
COMMENT: Eliminated because in present practice the
First Vice-President signs such documents in the absence of
the President, and when both the President and the First
Vice-President are absent and need requires, the Board of
Directors authorizes another officer to sign such documents.
A provision relative to signing official documents is not required in the Constitution.
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6. It is the duty of the President, or an officer of the
Synod appointed by the President, to be present at the
meetings of the Districts, to advise them, and to report
at the next session of the Synod.

COMMENT: Restates present paragraph 7 except that it
provides that the President or an officer of the Synod designated by the President is to be present at every convention of
a District.
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7. The President shall perform all additional duties
assigned to him by the Bylaws or by special resolution
of the Synod in convention.

COMMENT: Restates the present Bylaw.
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8. When matters arise between meetings of the
Synod in convention which are of such a nature that action thereon cannot be delayed until the next convention, the President is authorized to submit them to a
written vote of the member congregations of the Synod
only after full and complete information regarding the
matter has been sent to member congregations by presidential letter and has been published in an official periodical of the Synod. If such matters are related to the
business affairs of the Synod, such a vote shall be conducted only after the President has consulted with the
synodical Board of Directors. In all cases at least onefourth of the member congregations must register their
vote.

COMMENT: Adopts the present paragraph 9 except that it
adds a requirement that full and complete information regarding the matter be mailed to the Synod’s congregations
in a letter from the President and published in an official
periodical of the Synod. Votes on business affairs require the
President to consult the Board of Directors.
Action: Adopted (7)
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Article XI D. Duties of the Secretary
The Secretary shall
1. Record the proceedings when the Synod meets in
convention;

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2. Perform such other work as the Synod may assign to him through the Bylaws or special resolutions
of the Synod.

COMMENT: Point 2 of current XI D is omitted. Several officials are now authorized to sign papers and documents.
Action: Adopted (7)
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RECOMMENDATION D (Bylaws)
3.51 Definitions
a. Agency of the Synod: An instrumentality other
than a congregation, whether or not separately incorporated, which the Synod in convention or its Board of
Directors has caused or authorized to be formed to further the Synod’s objectives. It includes each board, commission, council, seminary, university, college, District,
Worker Benefit Plans, and each synodwide corporate
entity. The term “agency of the Synod” does not describe or imply the existence of principal and agency
arrangements as defined under civil law.

COMMENT: Two present definitions (3.51 h and 3.193 b)
are combined into a single concise statement. The last sentence gives a disclaimer to allay legal confusion.
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b. Commission: A group of persons, elected or appointed as prescribed in the Bylaws, rendering a precisely defined service function of the Synod and responsible, as the case may be, to the Synod in convention,
to the President of the Synod, or to the Board of Directors of the Synod. The commissions of the Synod are the
1. Commission on Constitutional Matters;
2. Commission on Doctrinal Review;
3. Commission on Ministerial Growth and Support;
4. Commission on Organizations;
5. Commission on Theology and Church Relations;
6. Commission on Worship.

Omit: definition of conference, 3.51. c
COMMENT: The present definition in 3.51 c is deleted because “conference” as defined here has little usage in the Bylaws. Further, the same word is used in a different sense (to
refer to pastors’ and teachers’ conferences) elsewhere in the
Bylaws (see V E of Bylaws).
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c. Corporate Synod: The Lutheran Church—Missouri Synod, the Missouri nonprofit corporation, including the program boards, commissions, and all other
departments operating under the supervision of the
Board of Directors of the Synod. “Corporate Synod” is a
term to define that portion of the Synod for which the
Synod’s Board of Directors has direct responsibility,
and is not an agency of the Synod. Worker Benefit
Plans, while operating under the supervision of the
Board of Directors, is a trust agency whose assets are
not the property of corporate Synod.
d. Council: An officially established group elected or
appointed as an advisory body. The councils of the
Synod are the
1. Council of Presidents;
2. Council on Human Resources.

COMMENT: The present definition in 3.51 d is retained except that “legislative” is deleted. The present councils are
listed in the definition, with the exception of the Council of