LCMS Convention Workbook St. Louis, Missouri — 2013, Page 263

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Structure and Ecclesiastical Matters

(K) Requests for CCM/CTCR Opinions
(Bylaw 1.10.18.1 [h])
Rationale
In order to keep a dispute resolution process moving forward, it is
important that time requirements be honored throughout the process,
including the 30-day requirement for the provision of Commission
on Constitutional Matters and Commission on Theology and Church
Relations opinions requested by Dispute Resolution or Review Panels.
To underscore the need for these commissions to make such arrangements as are necessary to fulfill this requirement, the Commission on
Handbook advocates the following bylaw change.
PRESENT/PROPOSED WORDING
1.10.18.1 (h) If any part of the dispute involves a specific question
of doctrine or doctrinal application, each party shall have the right to an
opinion from the Commission on Theology and Church Relations. If it
involves questions of constitution or bylaw interpretation, each party
shall have the right to an interpretation from the Commission on Constitutional Matters. The request for an opinion must be made through the
Dispute Resolution Panel or Review Panel, which shall determine the
wording of the question(s).
The request for an opinion must be made within four weeks of the final
formation of the Dispute Resolution Panel or Review Panel. If a party
does not request such an opinion within the designated time, such a request may still be made to the Dispute Resolution Panel or Review Panel
that shall, at its discretion, determine whether the request shall be forwarded. The Dispute Resolution Panel or Review Panel shall also have
the right, at any time, to request an opinion from the Commission on
Theology and Church Relations or the Commission on Constitutional
Matters.
The Commission on Constitutional Matters and the Commission on
Theology and Church Relations shall have in place a procedure for responding within this 30-day time frame to such requests for opinions.
Any opinion so requested shall be rendered within 30 days or such
greater time as the Dispute Resolution Panel may allow. When an opinion has been requested, the time limitations governing the dispute resolution process will not apply until the opinion has been received by the
parties. Any opinion received from the Commission on Theology and
Church Relations and the Commission on Constitutional Matters must
be followed by the Dispute Resolution Panel or Review Panel.

Commission on Handbook
7-21

To Address Handbook Issues re Bylaws Pertaining
to Districts
Background
During the triennium, concerns related to bylaws governing district operations were brought to the attention of the Commission on
Handbook. This overture identifies those concerns and advocates
bylaw amendment solutions proposed by the commission for adoption
by the 2013 convention of The Lutheran Church—Missouri Synod.

(A) Circuit Counselor Nominations and Elections
(Bylaw 5.2.3.2)
Rationale
The chairman of the Commission on Handbook requested input
from the Council of Presidents regarding the current circuit counselor nominations and elections process and reported that the Council
apparently is happy with the current bylaw process, including its

263

provision of an opportunity to select circuit counselors from outside
the circuit. After discussion of Bylaw 5.2.3.2 (a) and its reference
to “fellow pastors,” the commission advocates a minor change to
delete the word “fellow” to make clear that a circuit counselor may
be selected from outside the circuit, as follows.
PRESENT/PROPOSED WORDING
5.2.3.2 The circuit counselor shall serve the pastors of the circuit
as a collegial and brotherly adviser, reminding them of the joy of the
ministry and of its great responsibilities.
(a) He shall encourage the fellow pastors of the circuit in their preaching and teaching, in the exercise of church discipline in an evangelical manner, and in the proper supervision of Christian education and
training in the parish.
(b) He shall encourage, in a brotherly manner, the pastors of the circuit
in their spiritual and family life.
(c) He shall encourage the pastors of the circuit to continue both formal
and informal continuing professional education.

(B) Circuit Counselor Selection Process When No
Candidate Is Available (Bylaw 5.2.2)
Rationale
A difficulty develops in the Bylaw 5.2.2 circuit counselor selection process when, prior to convention election action, no candidate
has been selected by a circuit forum or a properly selected candidate
no longer is available to serve. Current bylaws provide no direction
for making a selection under these circumstances. The commission
proposes the following bylaw amendment to provide such direction.
PRESENT/PROPOSED WORDING
5.2.2 The circuit counselor shall hold his position by virtue of his
selection by the circuit forum and ratification by the district convention.
(a) Circuit forums shall meet at the call of their circuit counselors to
select their circuit counselors no later than the time established by
the district.
(b) Nominations for candidates for the office of circuit counselor may
be submitted by a voting congregation of the circuit and suggested
by the district president, in consultation with the praesidium of the
district.
(c) Selection of the circuit counselor shall be by election by written
ballot. The privilege of voting shall be exercised by the representatives from each member congregation of the circuit, who shall have
been selected in the manner prescribed by the congregation (Bylaw
5.3.2). 

(d) All nominated pastors serving congregations and emeriti pastors
shall be eligible for election in accordance with section 4.3 of these
Bylaws.
(1) Following presentations of pertinent information regarding
each pastor as listed in Bylaw 3.12.3.6 (c) and circuit
counselor responsibilities as provided hereafter in this
bylaw, each voter shall write in the names of two pastors on
the initial ballot.
(2) The three pastors (or more in case of a tie vote) who receive
the highest number of votes in this preliminary ballot shall
be placed on the next ballot. Each voter shall vote for only
one candidate.
(3) Balloting shall continue with the lowest candidate being
removed from each succeeding ballot until one pastor shall
have received a simple majority of all votes cast, who shall
be declared the nominee.
(e) Immediately following the circuit forum, the circuit counselor shall
report in writing the results of the selection process to the secretary
of the district in preparation for ratification by the district convention.
(f) In the event that a circuit counselor has not been selected by a circuit

2013 Convention Workbook