LCMS Convention Workbook St. Louis, Missouri — 2004, Page 263

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STRUCTURE, PLANNING, AND ADMINISTRATION 263

ommendation to the Council of Presidents, but may be excused
by the council from making such a recommendation where cir-
cumstances warrant. A decision to reinstate shall require an af-
firmative vote of at least 75 percent of the Distriet-Rresidents
members of the Council of Presidents present and voting, and
shall be by written ballot. If the applicant is reinstated, the Dis-
trict President shall publish this fact in an official periodical of
the Synod. A decision not to reinstate shall be unappealable, but
the individual may reapply for reinstatement three or more years
after his or her last preceding application has been denied.

Commission on Structure

7-34

To Revise Bylaw 2.33 on Reinstatements

Whereas, District Presidents shall “especially exercise super-
vision over the doctrine, life, and administration of office of the or-
dained and commissioned ministers of their District” (Constitution
Art. XII 7); and

WHEREAS, District Presidents “are empowered to suspend from
membership ordained and commissioned ministers for persistently
adhering to false doctrine or for having given offense by an un-
godly life” (Constitution Art. XII 8); and

WHEREAS, The Vice-Presidents of the Synod do not normally
“exercise supervision over the doctrine, life, and administration of
office of the ordained and commissioned ministers” of a District;
and

WHEREAS, The Vice-Presidents of the Synod are not “empow-
ered to suspend from membership ordained and commissioned
ministers for persistently adhering to false doctrine or for having
given offense by an ungodly life”; therefore be it

Resolved, That the Northwest District memorialize the Synod
to affirm that the decision to reinstate an individual into member-
ship in the Synod shall be the responsibility solely of District Pres-
idents; and be it further

Resolved, That the Northwest District memorialize the Synod
to change Bylaw 2.33 to read as follows:

PRESEMF/PROPOSED WORDING
All applications by individuals for reinstatement into mem-
bership in the Synod shall be addressed to the President of the
District in which the applicant last held membership. Procedures
for investigating and processing requests for reinstatement
which are generally applicable to all situations shall be the re-
sponsibility of District Presidents the-Gounet-efPresidents. The
President of the District shall review the matter and shall ordi-
narily make a recommendation to the District Presidents at a
meeting of the Council of Presidents, but may be excused by the
District Presidents the-Geunet from making such a recommen-
dation where circumstances warrant. A decision to reinstate
shall require an affirmative vote of at least 75 percent of the Dis-
trict Presidents present and voting, and shall be by written ballot.
If the applicant is reinstated, the District President shall publish
this fact in an official periodical of the Synod. A decision not to
reinstate shall be unappealable, but the individual may reapply
for reinstatement three or more years after his or her last pre-
ceding application has been denied.

Northwest District

7-35

To Require Consultation with President
for Appointments

Rationale

Bylaw 3.69 e requires consultation with and the mutual concur-
rence of the President of the Synod for a slate of candidates when a
board, commission, or Synodwide corporate entity is making an
initial appointment of its executive officer. This requirement could
conceivably provide to the President the opportunity to determine
an appointment should he not concur with most or all of the candi-

dates under consideration by the board or commission. He would
thereby assume the responsibility for determining an appointment
that rightfully belongs to the board, commission, or Synodwide
corporate entity.

The Commission recognizes similar concerns with the mutual
concurrence expectation of current Bylaw 3.69 e when applied to
the appointment of interim executive officers. In this case the re-
quirement could result in an untimely delay of an appointment
when timely action may be essential to the work of the board, com-
mission, or Synodwide corporate entity and to the welfare of the
Synod.

The Commission on Structure notes that the primary responsi-
bility for these appointments belongs to the governing board. The
current Bylaw, however, gives equal responsibility to the President
of the Synod. At the same time, the Synod has also determined that
the input of the President is important for these appointments. The
Commission therefore recommends that the requirement for con-
sultation regarding a slate of candidates by the board, commission,
or Synodwide corporate entity with the President of the Synod be
retained, and that the requirement for mutual concurrence should
not be retained. The Commission also recommends that the same
be the case in the appointment of interim executive officers.

The Commission on Structure therefore recommends the fol-
lowing changes to the pertinent bylaws.

PRESENF/PROPOSED WORDING
Resolved, That Bylaw 3.69 e be amended as follows:

e. Every board, commission, and Synodwide corporate en-
tity shall operate under synodical Human Resources policies.
Such policies may recognize the unique character of the opera-
tions of each board, commission, and Synodwide corporate en-
tity. Every board, commission, and Synodwide corporate entity
may create officer and executive staff positions and fill the same
in accordance with such policies. The chief executive of such
board, commission, and Synodwide corporate entity shall serve
at the pleasure of the governing board. The governing board of
each executive shall conduct an annual review and, before the
expiration of five years, conduct a comprehensive review. At
the conclusion of each five year period, the appointment shall
terminate unless the governing board takes specific action to
continue the person in the office. The slate of candidates for the
interim or initial appointment of the executive officer of a board,
commission, or Synodwide corporate entity shall be selected by
the board or commission in consultation end-metie-eereurrence
with the President of the Synod.

and be it further
Resolved, That Bylaw 3.193 be amended as follows:

3.193 Officers of the Boards

Each governing board shall elect its own chair, vice-chair,
and secretary and such operating officers as may be necessary.
The executive officer of each Synodwide corporate entity shall
serve at the pleasure of the governing board. The governing
board of each executive shall conduct an annual review and, be-
fore the expiration of each five year period, the appointment
shall terminate unless the governing board takes specific action
to continue the person in the office. The slate of candidates for
the interim or initial appointment of the executive officer of a
Synodwide corporate entity shall be selected by its governing
board in consultation end-mutee-eeneurrenee-with the President
of the Synod.

and be it finally

Resolved, That Bylaw 3.101 C 4, which details the President’s
ecclesiastical and administrative responsibilities, be amended as
follows:

4. engage in consultation with each program board, com-
mission, and the governing board of each Synodwide corporate
entity te-reaeh-mutua+-eeneumenee on a slate of candidates for
the appointment of an interim or a permanent pesitrer-ef execu-
tive director or chief executive officer.

Commission on Structure