LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — April 13–14, 2012, Page 4

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115. Ohio District Bylaws (“Code of Regulations”) Review (12-2630 [A])
Upon final review of the bylaws (Code of Regulations) of the Ohio District, the commission expressed its
appreciation for the district’s cooperation in applying its recommendations to the governing documents,
offering the following final comments:
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Under Article IV, the commission suggests that paragraph B will more accurately read: “All
organized congregations that have joined the Ohio District hold voting membership. At all
conventions of the Ohio District every congregation or multiple-congregation parish is entitled to
two votes, one of which is to be cast by the pastor and the other by the lay delegate. ‘Parish’ here
means one or more congregations served by the same pastor(s). (Synod Handbook, Article V A).”
Under Article V, the change made to paragraph B is good, but the first line will better read: “The
district expects every member congregation of the district to respect the Synod’s and the district’s
resolutions…,” and the second sentence will better read: “The district, like the Synod, being an
advisory body, recognizes the right of a congregation….” The commission also calls attention to
the typographical error in the final sentence: “no” is clearly intended to read “not.”
Under Article VII, the introductory statement of paragraph E, given the content that follows in the
sub-paragraphs, should read: “All other officers, boards, committees, and individuals shall be….”
Under Article XIII, the third paragraph will better read: “Electoral circuits (which are one or two
visitation circuits) shall meet prior to conventions of the Synod to elect circuit delegates to the
national convention. Each congregation may be represented by its pastor and one lay member
designated by the congregation(s).”
Under Article XV, the reference to “the Constitution” should be deleted from the second
paragraph, since the constitution of the district is the Constitution of the Synod, which cannot be
amended by a district.

Upon action by the district convention, the commission requests that a clean copy of the amended Articles
and Bylaws be provided to the Office of the Secretary of the Synod (Bylaw 3.3.3.2 [f]).
116. Concordia University System Discussion (12-2635)
A major portion of the meeting was devoted to an executive session discussion of Articles of
Incorporation and Bylaws issues from within the Concordia University System.
117. Transfer of Congregations Between Districts (12-2636)
With a March 26, 2012 emailed memo, the Secretary of the Synod requested an opinion from the
commission in response to questions surfaced by the request of a new congregation of an LCMS district
to have its membership transferred to the neighboring district. The congregation is situated on the border
of its current district but is the product of a mission effort that also involved the neighboring district.
Question:

Does Synod Bylaw 4.1.1.3 pertain in this situation, since the transfer would in effect change
the boundaries of the districts, or does Bylaw 4.1.1.4 pertain, since this is intended to be no
more than a transfer of congregations between districts at the request of a congregation?

Opinion: Since the transfer to another district “is intended to be no more than a transfer of congregations
between districts at the request of a congregation,” only Synod Bylaw 4.1.1.4 pertains.
According to Res. 7-10 of the 1995 Synod convention,

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