LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — July 10–11, 2009, Page 6

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Under the same Article V, Bylaw 5.12 should reflect the provision of Synod Bylaw 4.3.1 that
district officers such as vice-presidents must be elected from the clergy roster of the Synod.

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Under the same Article V, Bylaw 5.15, the provision that one layperson should be elected by the
district convention should be changed to reflect the second provision of Synod Bylaw 3.8.3.6.2
which calls for the election of two laypersons by the district.

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Under Article VII “Board of Directors,” the reference to the Synod bylaw should be Bylaw 4.5.1.

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Under the same Article VII, paragraph b of Bylaw 7.4 should be clarified since “all the other
officers of the district elected by the convention” would technically include all of the circuit
counselors and not just their chairman.

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Under Article VIII “Officers and Administration,” Bylaw 8.2 is not consistent with the Bylaws of
the Synod regarding vice-presidents, who do not perform acts authorized by the Board of
Directors.

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Under the same Article VIII, Bylaw 8.6 is mistaken in stating that according to the Synod’s
Bylaws, the primary responsibility of circuit counselors is “establishing and maintaining circuit
forums.” Synod Bylaw section 5.2 speaks of a variety of services performed by circuit
counselors, the primary responsibility being that of maintaining liaison between the circuit and
the Synod (paragraph d).

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Under Article XI “Reconciliation and Dispute Resolution,” the reference in Bylaw 11.1 to the
Synod Handbook should be Bylaw section 1.10.

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Under Article XII “Committees,” Synod Bylaw 1.5.3.4 does not grant the right to create standing
committees to a district convention as is currently provided in district Bylaw 12.1.

107. New England District Bylaw Changes (09-2558)
With an e-mailed letter dated June 8, 2009, the Secretary of the New England District submitted changes
to the district’s Bylaws during its 2009 convention, also providing a copy of the current Bylaws. After
review of the convention actions, the commission granted approval to those changes. Upon further review
of the existing Bylaws document, however, the commission made the following observations and
recommendations:
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Under Article III “Officers,” paragraph a of Bylaw 3.11, while true, should also make mention of
the resolutions of the Synod as well as its “policy.”

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Under the same Article III, paragraph c of Bylaw 3.11 does not take into consideration Synod
Constitution Article XII, paragraph 7 et al. where the Synod has already determined the primary
responsibilities of the district president.

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Under the same Article III and Bylaw 3.11, paragraph f exceeds the Constitution and Bylaws of
the Synod regarding the relationship of a district board of directors and its president. The same
would be true of paragraph d under Bylaw 3.12.

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Under the same Article III, Bylaw 3.32 is too broad as it stands since it contradicts the
requirements for the appointment of circuit counselors in Synod Bylaw 5.2.2.1. Synod Bylaw
4.5.1 (c) also calls this bylaw into question, since it is not “guided generally by the functions of
the Board of Directors of the Synod as defined in Bylaws 3.3.5ff as these apply to districts.

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Under Article IV “Board of Directors,” paragraph b of Bylaw 4.01 is unclear in its use of the term
“pastors.” This term as used in the Synod’s Bylaws refers specifically to parish pastors. The
commission wonders whether this narrow understanding (vs. “ordained ministers”) is what the
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