LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — April 8, 2003, Page 4

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In a March 19, 2003 e-mailed letter, the President of the Eastern District submitted proposed changes to
the Bylaws and Regulations of his District, asking for the approval of the Commission in time for
submission to the District’s June 13 convention.
After review of the proposed changes, the Commission calls attention to the following:
•

Article V of the Bylaws names the appointive boards, committees, and representatives of the
District. Sections of the “Regulations” detail each of the listed entities, their responsibilities, and
how they are appointed—with one exception, “The Roster of Reconcilers.” While parenthetical
reference is made in Article V to the Bylaws of the Synod, which include information regarding
such appointments (Bylaw 8.13 a), no mention is made of these appointments under the duties of
the Board of Directors, which duties are otherwise provided in detail. Given the importance of
this appointive responsibility of the District board for the Synod’s dispute resolution process,
consideration should be given to some mention of it in the Regulations of the District.

•

Article I, Section 4 of the Regulations (paragraphs 4.03-4.05) requires the recommendation of the
District President for the Board to carry out several of its responsibilities. This is contrary to
Synod Bylaw 4.91, which provides to District boards of directors sole responsibility for the
general management and supervision of the District’s business and legal affairs.

138. Review of Michigan District Bylaws/District President Signature Responsibilities (03-2344)
In a letter dated March 21, 2003, the President of the Michigan District submitted a question regarding the
interpretation of Article XII 9 d of the Constitution. He also asked the Commission to review changes to
his District’s Bylaws that will be proposed to its convention.
Upon review of the proposed changes to the Bylaws of the Michigan District, the Commission has no
recommendations. Regarding the interpretation of Article XII 9 d, the Commission responds as follows.
Question:

According to synodical Handbook Article XII 9 d, a District President shall … "Sign all
examination papers and certificates of ordination and, in general, all official papers and
documents of their District." How is the "all official papers and documents of their District"
to be interpreted? (i.e., a contract for snow removal … purchase and/or sale of property,
office equipment, etc.)

Opinion: This paragraph of Article XII 9, after specifically naming “examination papers and certificates”
as requiring District Presidents’ signatures, speaks “in general.” Thereby, the bylaw does not attempt to
itemize those documents that should be signed by District Presidents.
District Presidents are required to assume responsibility for the functions of their office and, in Article
XII 9 d, to accept that responsibility by applying their signatures. Documents pertaining to their
ecclesiastical supervisory and chief administrative officer responsibilities as delineated in Synod and
District Bylaws require their signatures. Lesser documents not included in a general understanding of
“official papers and documents” and that do not directly pertain to District Presidents’ ecclesiastical and
administrative responsibilities do not require their signatures.
139. Minnesota North District Bylaws (03-2345)
The Secretary of the Minnesota North District, with a letter dated March 21, 2003, provided copies of
overtures submitted to the District convention that propose revisions to the District Bylaws.

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