LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — April 3–4, 2009, Page 2

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Bylaw 1.03, paragraph a, p. 9: The paragraph provides a list of those eligible for membership in
the Synod as though it is intended to be an exclusive list. Article V of the Synod’s Constitution
includes many more categories for ministers of religion—commissioned, which should be
reflected in this paragraph.



Bylaw 1.03, paragraph b, p. 9: To apply for and retain membership in the Synod, a congregation
must have its constitution approved by the district board of directors. The national Synod does not
approve constitutions of congregations.



Bylaw 1.04, paragraph b, p. 9: When listing the directors of the board of directors, the bylaw
currently lists “two teachers.” It is unclear whether only teachers are eligible or whether the wider
category of ministers of religion—commissioned is intended. This same clarification would also
be helpful in Bylaws 5.03 a and b; 5.04 a and c; and 5.06 b.



Bylaw 2.01, paragraph a, p. 14: This bylaw regarding the duties of the board of directors requires
clarification in light of Synod Bylaws 3.3.5.3, 3.3.5.4, 4.5.1, etc. It would be helpful to use more
closely the terminology used in the Synod’s bylaws.



Bylaw 3.01, paragraph a, p. 17: “Pastors” is used in the Bylaws of the Synod to refer to parish
pastors (v. those on candidate or emeritus status, those serving in institutional settings, etc.).
Unless parish pastors are solely intended, it would be more clear to use “ordained minister”
terminology.



Bylaw 3.04, paragraph b, p. 18: This provision exceeds what is currently provided in the Synod’s
Bylaws and does not clarify who, how, or why officers may be removed. If it has not done so, the
district will want to consider state law requirements and may want to remove this paragraph for
the present time to allow the Synod’s Commission on Structure and the 2010 convention to
provide a more general solution to the issue of removal of officers and board members.



Bylaw 3.07, paragraph a, p. 19: Since the bylaw speaks in general of the duties pertaining to the
office of district president, a reference to appropriate paragraphs of Synod Constitution Art. XII
and Bylaw section 4.4 could be helpful.



Bylaw 3.12, paragraph a, p. 20: This bylaw includes the district treasurer as a member of the
district staff. Its final sentence should therefore exclude the treasurer since his position may not
be eliminated.



Bylaw 4.05, paragraph a, p. 22: Synod Bylaw 4.2.1 (a) provides for districts to be governed by
the bylaws adopted by the Synod for its convention so far as they are applicable. The list of those
entities eligible to submit overtures should therefore be the same as the list provided by Synod
Bylaw 3.1.6.2.



Bylaw 5.01, paragraph a, p. 23: This bylaw’s reference to “teacher” and “district teachers” is
unclear as to whether it refers only to school teachers or whether it is intended to include all
commissioned ministers. A similar clarification would also be helpful in Bylaw 5.06 a.



Bylaw 5.06, paragraph b, p. 26: This paragraph’s list of positions to be filled by conventions
should also include a member of the Synod’s Committee on Convention Nominations as provided
by Synod Bylaws 3.12.3.1–3.12.3.3 (every other convention).



Bylaw 6.04, paragraph a, p. 27: This paragraph’s provisions for amendments to the district’s
bylaws should also include a requirement for review by the Synod’s Commission on
Constitutional Matters to ascertain that they are in harmony with the Constitution, Bylaws, and
resolutions of the Synod (Synod Bylaw 3.9.2.2.4).

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