LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — May 11–13, 2012, Page 12

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Bylaw 8.2.2: The final sentence requires clarification regarding the board’s responsibilities over
against those of the district president. It will better read: “They shall also govern and attend to all
matters pertaining to the SELC District of The Lutheran Church—Missouri Synod between
regular conventions of the SELC District of The Lutheran Church—Missouri Synod except for
ecclesiastical supervision and any other matters for which the president of the district is
responsible.”
Bylaws 8.3 and 8.4: Again, the use of the word “pastoral” throughout these bylaws will need to
be clarified as in Bylaw 9.1 h above. The second sentence of Bylaw 8.3 begs attention, as the
change to a plural noun has not been reflected throughout.
Article 9: The word “officials” in the first sentence can be changed to “officers” since the district
only has officers.
Bylaw 10.1.2: This bylaw must also include mention of the Bylaws and resolutions of the district
and Synod, so as to read: “…called according to the Synod’s Constitution and the Bylaws of the
Synod and district.
Bylaw 11.1: The reference to “two (2) pastoral representatives” is unclear as to whether two
parish pastors are intended. It is also unclear whether the two “representatives” intended are the
two representatives on the board of directors of the district or whether this bylaw would more
accurately read: “…shall consist of two (2) clergy members, not members….”
Bylaw 11.3.1, paragraph (a): Here again, “clergy roster of the district” and “clergy roster of each
circuit” will need to be changed to “clergy roster of the Synod” as per Synod Bylaw 4.3.1. An
additional sentence will also be helpful: “Upon assuming office, all officers will be required to be
residents in the district or circuit as appropriate.”
Bylaw 11.3.1.1: Concerns in this paragraph with compliance with Synod Bylaw 4.3.1 should be
resolved by the change of the preposition in the second sentence: “Candidates for the offices of
vice-president shall be all the ordained ministers for each circuit receiving any votes in the
nominating ballots of the congregations.”
Bylaw 11.3.2: This bylaw should also include mention of the third vice-president.
Bylaw 11.3.3: The provision calling for removal from the ballot for district president those
candidates receiving less than 15 percent of the total vote is contrary to Synod Bylaw 4.7.3 and
therefore must be removed from this bylaw.
Bylaws 11.3.6 (b) and 11.3.8 (a) and (b): These bylaws will require the addition of wording such
as: “unless prior consent has been given to relocate as necessary to hold office.”
Bylaws 11.3.9 and 11.4: There is no provision following Bylaw 11.3.9 for the election of circuit
counselors (ratification of circuit forum selections) prior to the report of the Nominating
Committee. Such provision could be included as a new Bylaw 11.3.10. Bylaw 11.4 will also
require amending to read: “After the president, the first, second, and third vice-presidents, and
the circuit counselors are elected,….”
Bylaw 11.5: Mention and exception should be made in this bylaw to the appointment of circuit
counselors by the district president, which are not subject to board of directors’ ratification. The
paragraph will better read: “If a vacancy occurs in an office of circuit counselor, the president
shall fill the vacancy by appointment. If a vacancy occurs in any other office other than that of
president or vice-president, the president shall appoint a replacement subject to ratification by the
Board of Directors.”
Bylaw 11.7: Reference should be made in this section to the Synod’s conflict of interest bylaw
(Bylaw 1.5.2) and also to appropriate Synod Board of Directors policies governing reception of
gifts.
Bylaw 11.7.4: This bylaw must also include mention of the Synod’s bylaw governing removal of
board members, so as to read: “Any inappropriate activity shall cease or the position shall be
vacated using the procedure provided by Synod Bylaw section 1.5.7 for the removal of board
members.”
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