LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — June 18, 2010, Page 2

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The failure to call the circuit meeting necessary to elect delegates is the responsibility of the
circuit counselor and may be beyond the control of an individual congregation. However, each
congregation should also be aware of the time deadlines set forth in the Bylaws, and, in order to
assure its representation through the circuit, it is incumbent upon a congregation to encourage
and cooperate with its circuit counselor to act in a timely fashion. While the Synod has
covenanted with each congregation to allow representation through the process as set forth in the
Bylaws, it is expected that member congregations will fulfill their obligations in order to
preserve that representation.
Question 2: Bylaw 3.1.2.1(j) states, “If neither the delegate nor the alternate (pastoral or lay) can
serve, the vacancy shall be filled by the district president in consultation with the
respective circuit counselor(s).”
If the delegates mentioned above are not able to serve due to the late election (the
failure of the counselor to carry out the provision of Bylaw 3.1.2.1 [a] in a timely
fashion), does the district president have the right to appoint (fill the vacancy) under
Bylaw 3.1.2.1(j)? If not, what alternative does the circuit have for representation?
Opinion: As discussed above, the Bylaws provide no direct remedy, and representation may be
forfeit. The Synod in convention operates under accepted parliamentary rules, and the
Committee for Registration, Credentials, and Elections is charged to review the credentials of
delegates. Should a circuit not have properly credentialed delegates, any remedy is under the
rules of parliamentary procedure, not the Bylaws themselves. In 1971, for example, when the
SELC joined the LCMS after the deadline for selecting convention delegates, the issue of
representation of the newly joined congregations was addressed by special resolution at the start
of the convention.
170. Adjournment
The commission having responded to the request for an opinion for which the meeting was
called, the conference call was ended with words of benediction by Raymond Hartwig.

Raymond L. Hartwig, Secretary

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