LCMS Convention Workbook St. Louis, Missouri — 2007, Page 329

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OPINIONS OF COMMISSION ON CONSTITUTIONAL MATTERS 329

Interpretation of 1998 Res. 3-04A
re Use of General Creeds (05-2455)

In a letter dated December 20, 2005, a pastor of the Synod
asked for clarification of the single resolve of 1998 convention Res.
3-04A (“To Maintain Use of General Creeds’’): “That we beseech
one another in the mercies of God not to substitute informal state-
ments of faith for the regular use of the three general creeds of the
church in our public worship services.”

Question |: By being adopted is Resolution 3-04A currently the of-
ficial position of the LCMS?... Since the 1998 conven-
tion, has the Synod adopted any additional resolutions
altering or rescinding Resolution 3-04A?

Opinion: By the adoption of Res. 3-04A, the Synod stated its posi-
tion on the subject while respecting the autonomy of local congre-
gations. Because there have been no subsequent resolutions
adopted by the Synod on the subject addressed by Res. 3-04A, the
stated position stands.

Question 2: Are “informal statements of faith” not to be used in
any LCMS worship service?

Opinion: The wording of the resolution states that the members of
the Synod are to “beseech one another in the mercies of God not to
substitute informal statements of faith for the regular use of the
three general creeds of the church” in public worship services. This
is not the same as prohibiting the use of informal statements of
faith.

Question 3: If such informal statements of faith are applicable,
what would be the worship occasion? For example, in
a congregational Contemporary or Praise Lutheran
worship is it permissible to use a creedal statement
other than one of the three general creeds? May dis-
trict-sponsored worship services use alternate state-
ments of faith?

Opinion: The resolution in question does not prohibit the use of in-
formal statements of faith in public worship services, whatever
their description or occasion. However, in its whereas section the
resolution does caution that “informal statements of faith are sub-
ject to an imprecise and even erroneous confession of faith,” lead-
ing to the exhortation that the members of the Synod “beseech one
another...for the regular use of the three general creeds.” This cau-
tion and exhortation is consistent with Article VI 4 of the Synod’s
Constitution that calls for “exclusive use of doctrinally pure
agenda, hymnbooks, and catechisms in church and school.”

Adopted Jan. 31—Feb. 1, 2006

Interpretation of Bylaw 3.12.3.7 (b)
re Floor Nominations (05-2456)

In a letter to the Secretary of the Synod dated December 23,
2005, the committee charged with the given responsibility in Res.
7-22 of the 2004 Synod convention asked the Commission for a
clarification of Bylaw 3.12.3.7 (b).

Question: Please give us an opinion on Bylaw 3.12.3.7 (b): “Floor
nominations shall be brought individually before the
convention for approval before being added to the bal-
lot.” Our question concerns the words “individually” and
“approval.” Does this mean that every individual nomi-
nation from the floor has to be acted upon as it is pre-
sented? Does this require a simple majority vote of the
convention for a name to be added to the ballot? Is this
any different from past procedures?

Opinion: Bylaw 3.12.3.7 (b) sets forth how a convention may
amend a slate by nominations from the floor. The bylaw provision
for floor nominations is that each nomination must be brought be-
fore the convention for action and approved singularly in order to
be added to the ballot. In other words, each floor nomination is to
be acted upon separately by a convention vote. When the conven-
tion approves the receipt of each nomination, one by one, by an af-
firmative vote of the assembly according to accepted parliamen-
tary rules (paragraph (i) (3) of Bylaw 3.1.9), this constitutes an
amendment of the slate.

For the slate to be amended by nominations from the floor
and/or for a nomination to be added to the ballot, bylaw provisions
set forth in Bylaws 3.12.3.7 (b), (c), and (d) are also required.

Past procedures, which differed from Bylaw 3.12.3.7 (b), were
based upon Bylaw 3.985 (2001 Handbook) which read:

The convention may amend the slate by nominations from the floor.
Such floor nominations may only be made from the list of names which
have previously been offered to the Committee for Convention Nomina-
tions prior to the final deadline established and published by the com-
mittee, unless the convention shall otherwise order by a simple majority
vote. If the convention approves the receipt of such additional nomina-
tions, 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 Nomina-
tions along with the written pertinent information concerning the nom-
inee as detailed in Bylaw 3.983 e.

However, the above bylaw (2001 Bylaw 3.985) and the past
procedures do not reflect the mandate of 1992 convention Res. 9-
01, which was still in force for the 2004 convention:

WHEREAS, The LCMS Handbook clearly establishes a procedure for
the timely submission of candidates for the various synodical offices,
commissions, and Boards of Regents (Bylaw 3.945); and

WHEREAS, Floor nominations of persons not submitted per Bylaw
3.945 require convention approval and since Bylaw 3.949 a does not
state whether this approval is carte blanche or requires approval for
each candidate not previously submitted; and

WHEREAS, The floor nomination of candidates not previously sub-
mitted precludes the voting delegates from reviewing and evaluating
candidate qualifications and experience; and

WHEREAS, Carte blanche approval or approval of board or commis-
sion by board or commission nominations would appear to undermine
the intention of the delegates in adopting the provision contained in
3.949 a; therefore be it

Resolved, That each candidate nominated from the floor, whose
name had not been previously submitted in accordance with Bylaw
3.945, requires the approval of the convention as well as the written
consent of the nominee and pertinent written information concerning
the person as designated in Bylaw 3.947 e.

Adopted Jan. 31—Feb. 1, 2006

“Guidelines for the Constitution and Bylaws of a
Lutheran Congregation” (04-2412)

The Commission gave final attention to the revised “Guidelines
for the Constitution and Bylaws of a Lutheran Congregation,” tak-
ing into consideration input received from its February 2-3, 2006
meeting with district constitution committee chairmen. The guide-
lines were approved as printed in Appendix A of these minutes.

After giving final attention to the guidelines and after further
discussion, it was agreed that hard copies of the guidelines would
be provided to district presidents and district constitution commit-
tee chairmen, after which the document will be made available via
the internet and printed copies will be available from the office of
the Secretary of the Synod. A letter of appreciation will also be sent
to the district chairmen and constitution committee representatives
who provided input for the review process.

GUIDELINES FOR CONSTITUTIONS
AND BYLAWS OF LUTHERAN CONGREGATIONS
May, 2006

PREFACE

Congregations, the basic units of The Lutheran Church—Mis-
souri Synod, join together to form the Synod and relate to one an-
other through it (Bylaw 1.3.1)’. Together they establish the require-
ments of membership in the Synod (Constitution, Art. VI)" and
obligate themselves to fulfill not only membership requirements
but to act in accordance with the entire Constitution and Bylaws of
the Synod (Bylaw 1.3.4)".

Because a degree of uniformity in the constitutions and bylaws
of member congregations of the Synod is. desirable, the Commis-

2007 Convention Workbook