LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — May 11–13, 2012, Page 11

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final approval prior to the district’s convention, amendments to the affected Bylaws that are adopted by
the convention will not take effect until final approval has been granted by the commission.
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The commission has begun to recommend to districts that their Bylaws be introduced with a
“preamble” section defining their purpose and objectives and their relationship to the Synod and
its Constitution and Bylaws.
Article 1: This article appears to be a listing of the membership of the district’s board of directors
(Article 9). The commission comments that adding members to the board of directors who are not
ordinarily considered officers does not require making them officers of the district. In this listing,
however, circuit counselors must also be listed, as they are district officers (Synod Bylaw 4.3.1).
Article 1 8 a: The statement naming “Two pastoral representatives” to the board will need to be
changed to clarify whether parish pastors are intended or whether “two ordained minister
representatives” are what is intended.
Bylaw 2.1: This sentence must be changed to “from the clergy roster of the Synod” as provided
by Bylaw 4.3.1.
Bylaw 2.2.2: The mention of the Synod’s Constitution should read: “…in accordance with the
Constitution, Bylaws, and resolutions of the Synod,….”
Bylaw 2.2.5, paragraph a: The mention of the Synod’s Constitution should instead read: “…in
accordance with the Constitution and Bylaws of the Synod;….”
Bylaw 2.2.7: This description of the power and authority of the district president will more
correctly read: “…restrict, suspend, or implement the Synod’s bylaw processes for removal from
membership congregations and ordained and commissioned ministers….” Past CCM opinions
(e.g. 02-2280) have clarified that while a district president begins the expulsion process of
members from the Synod, it is the Synod through its expulsion processes that carries out
removals.
Bylaw 2.2.8, paragraph c: This paragraph, using the nomenclature of the Synod, would better
read: “Conduct or direct to be conducted the ecclesiastical ordination or commissioning of the
candidates for ordained and commissioned ministries entering the district, as well as the
installation of all ordained and commissioned ministers called by the congregations of the
district;”
Bylaw 2.2.9: The provision for special sessions in “cases of extreme emergency” conflicts with
the Synod’s Constitution, Art. XII 15, which does not allow the resolution of issues by such
means as special mailings. The final sentence of this bylaw must therefore be deleted.
Bylaws 3.1 and 4.1: Mention of the “clergy roster of the circuit(s)” will need to be changed to
“clergy roster of the Synod” as required by Synod Bylaw 4.3.1.
Bylaw 4.2.2: This bylaw fails to take into account the addition of a third vice-president and his
role in the succession to the office of the president.
Bylaws 5.1 and 6.1: In accordance with Synod Bylaw 4.3.1, the wording of these bylaws must be
changed to “…from the clergy roster of the Synod.”
Bylaw 6.2, paragraph b: This bylaw provision is in conflict with Synod Constitution Art. XII 9 d
unless augmented to read: “In addition to the president of the district, draw…up and sign official
papers and documents….”
Bylaw 9.1, paragraph h: The intention of the word “pastoral” will require clarification as to
whether parish pastors or ordained ministers in general are intended.
Bylaw 8.2: Reference should also be made to Synod Bylaw section 4.5 which details the primary
responsibilities (“powers and duties”) of a district board of directors.
Bylaws 8.2: Attention will need to be given to the numbering of the Bylaws in this section, as it
moves from 8.2 (Duties of the Financial Secretary) to 9.1 (Board of Directors Composition) and
then to 8.2 again (Board of Directors Duties).

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