LCMS Convention Proceedings St. Louis, Missouri — 2004, Page 151

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7. Structure, Planning, and Administration
To Revise Bylaws to Clarify
Election Process
RESOLUTION 7-01A
Overtures 7-28, 7-70, 7-72 (CW, pp. 261, 274−275)
Rationale
When the Synod established the current membership of
the Board of Directors at its 1981 convention (Res. 2-03A,
Proceedings, p. 137), it stipulated that no more than one of
the pastors and no more than one of the laymen (apart from
members by virtue of office) were to be from the same District of the Synod. In doing so, it declined an amendment
that “no District shall be represented simultaneously by
both a pastor and a layperson.” The 1998 convention added
the following stipulation: “No more than one of these 13
[members] may be from the same District.”
Similarly, when the Synod established the Concordia
University System, Inc., at its 1992 convention (Res. 6-04,
Proceedings, p. 160), it stipulated that no more than one
elected director was to be from the same District of the
Synod.
This requirement that no two board members of these
boards can be from the same District has resulted in complications in recent conventions. The 2001 convention
therefore considered Res. 9-01, “To Revise Bylaws to Clarify
Election Process at Synodical Conventions.” After lengthy
discussion, a motion “to refer the resolution to the Commission on Structure to work on during the next triennium”
was carried [Yes: 949; no: 92].
In response to the overtures listed above, the following
bylaw change is submitted to the 2004 convention of the
Synod.
Resolved, That Bylaw 3.985 a be amended to read:

Committee 7 Chairman Warren Schumacher

Resolved, That this change in the bylaw will take effect
at the 2007 convention.
Action: Adopted (2)
(The committee introduced Res. 7-01A early in the session. A
substitute resolution, printed in TB, pp. 218–219, was accepted
for consideration under the Behnken Rule and was being discussed when the orders of the day were called: WHEREAS, The
Synod has imposed restrictions in the election for members of the
Board of Directors and the Board for Higher Education that prohibit the convention from electing more than one member from the
same District; and WHEREAS, In at least the last three synodical
conventions individuals have been eliminated from the ballot in
the middle of the election process to meet this requirement; and
WHEREAS, This elimination has caused great distress by deciding
elections based on this rule instead of the vote of the convention;
and WHEREAS, Restrictions imposed on the convention delegates
that limit who they may vote for should only be done when absolutely necessary; and WHEREAS, Any proposal that would limit
delegates’ ability to nominate from the floor would be an unjustified restriction on their ability to carry out their responsibility to
elect the most qualified candidates for responsibilities in the
church; and WHEREAS, It is important to maintain the principle
that the convention should make the choice as to whom should be
elected; therefore be it Resolved, That Bylaw 3.181 a be revised to
remove the restriction for the Board of Directors and be amended
to read: a. The Board of Directors shall consist of 15 voting members, 13 of whom are elected by the synod in convention, serving a
maximum of two six-year terms: four ordained ministers, one
commissioned minister, and eight laypersons. No more than one
of these 13 may be elected from one District. and be it further Resolved, That Bylaw 3.407 d be revised to remove the restriction
from the Board for Higher Education and be amended to read: d.
Elected by the Synod in convention: three ordained ministers who
must be parish pastors; two commissioned ministers; and two
laypersons. These members will be assigned to one of the two
committees by action of the plenary Board for Higher Education.
No more than one of these seven members elected by the synod in

PRESENT/PROPOSED WORDING
a. The chairman of the Committee for Convention
Nominations shall submit the committee’s report in
person to the convention at one of its earliest sessions.
The convention may amend the slate by nominations
from the floor. Floor nominations must be brought individually before the convention for approval before
being added to the ballot. No floor nominations shall be
accepted which would preclude, by virtue of election
limitations of such office, election of any pending nominee already on the slate of candidates received from the
Committee for Convention Nominations without disclosing such potential effect immediately to the convention. Such floor nominations may only be made from the
list of names which have previously been offered to the
Committee for Convention Nominations prior to the
final deadline established and published by the committee, unless the convention shall otherwise order by a
simple majority vote. If the convention approves the receipt of such additional nominations, any delegate making such a nomination shall have secured prior written
consent of the candidate being nominated and shall immediately submit it to the chairman of the Committee
for Convention Nominations along with written pertinent information concerning the nominee as detailed in
Bylaw 3.983 e.

and be it further
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2004 Convention Proceedings