LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — June 30, 2005, Page 3

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directors included the statement: “If the nominee does not provide all the information requested they (sic)
will not be placed on the ballot.”
Question:

Does the district board of directors have the authority to place restrictions on who may be
placed on the ballot for the district convention that are not contained in the synodical or
district constitutions and bylaws?

Opinion: Bylaw 4.2.1 (a) states: “The conventions of the districts shall be governed by the bylaws
adopted by the Synod for its conventions, insofar as these may be applicable.” Bylaw 4.2.1 (b) also states:
“Each district may adopt other regulations, provided these are not contrary to the Constitution and Bylaws
of the Synod.” Further, Bylaw 4.7.1 states: “Each district may adopt regulations for the nomination and
election of its president, the nomination, election, and ranking of its vice-presidents, and the succession in
case of vacancies, as long as these provisions do not conflict with the Bylaws of the Synod.” Therefore,
districts enjoy some freedom in conducting nominations and elections processes, so long as additional
provisions do not conflict with the Bylaws of the Synod.
The responsibilities of a district board of directors are provided by the Constitution and Bylaws of the
Synod (Constitution, Art. XII; Bylaws section 4.4; et al.) and the constitution and bylaws of the district.
The Constitution and Bylaws of the Synod have no provision for the direct involvement of a board of
directors, district or Synod, in a convention nominations process. The Synod’s Bylaws provide for
nominating committees on the Synod and district levels (Bylaws 3.12.3ff. and 4.7.2), which have the
responsibility for soliciting descriptions of criteria for qualified candidates (par. (b) of Bylaw 3.12.4),
names (par. (c) of Bylaw 3.12.3.4), qualifications of each candidate (par. (e) of Bylaw 3.12.3.4), and
pertinent information concerning each candidate (par. (c) of Bylaw 3.12.3.6) for the consideration of the
committees. There is no restriction on what information a nominations committee may request. From the
list of candidates, the nominations committee nominates persons that it considers appropriate on the basis
of the information received.
Therefore, in answer to the question as asked, a district board of directors, like the Board of Directors of
the Synod, does not have authority to place restrictions on the ballot for a district convention.
65. Change to Bylaw 1.5.9 by Handbook Revision (05-2426)
The Synod’s Human Resources Executive Director has forwarded a concern brought to her attention by
parties within the Synod regarding the wording of Bylaw 1.5.9 as it appears in the revised 2004
Handbook. The words “board, commission, and synodwide corporate entity” of 2001 Bylaw 3.69 e have
been replaced with the words “agency of the Synod” in Bylaw 1.5.9. After discussion, the Commission
agreed that input regarding this matter should be sought from the Board of Directors and from legal
counsel of the Synod, in accordance with Bylaw 3.9.2.2 (b). The Secretary was asked to write the
appropriate letters.
66. Limits for Participation in Dispute Resolution Process (05-2427)
In a May 26, 2005 letter a district president submitted questions regarding access to the Synod’s dispute
resolution process by laypersons as provided by the five categories of allowable parties defined in Bylaw
1.10.2. He indicated in his letter that his questions have specific reference to a layperson elected to his
district’s nominating committee by his district’s convention according to Synod Bylaw 4.7.2.
Question 1:

May an individual not defined in (1) through (5) [of Bylaw 1.10.2] invoke the dispute
resolution process as a “complainant” as long as the “respondent” is an individual defined
in (1) through (5)?

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