LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — August 25–26, 2012, Page 9

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PRESENT/PROPOSED WORDING
2.14.8

Within 15 days after receiving the decision of the Hearing Panel, the accused (if an active
participant in the hearing before the Hearing Panel) or the President of the Synod if a question of
doctrine or practice is involved (Constitution, Art. XI B 1–3) may request a final hearing.

2.15.8

Within 15 days after receiving the decision of the Hearing Panel, the accused (if an active
participant in the hearing before the Hearing Panel), or the President of the Synod if a question of
doctrine or practice is involved (Constitution, Art. XI B 1–3), may request a final hearing.

2.17.8

Within 15 days after receiving the decision of the panel, the accused (if an active participant in the
hearing before the Hearing Panel) may request a final hearing.

46. Discussion of “Omnibus Resolution” for Minor Bylaw Amendment Proposals (12-032)
During the course of the meeting, the commission discussed and agreed that many of the minor changes
and clarifications it will be proposing to the 2013 convention could be included in one or more “omnibus”
resolutions.
47. Circuit Counselor Selection Process When No Candidate Is Available (12-033)
A difficulty develops in the Bylaw 5.2.2 circuit counselor selection process when, prior to convention
election action, no candidate has been selected by a circuit forum or a properly selected candidate no
longer is available serve. Current bylaws provide no direction for making a selection under these
circumstances. The commission discussed and agree to a bylaw addition that will provide such direction,
to be included in its omnibus resolution that will advocate minor changes to address inadequacies and
needs for clarification in the current bylaws.
48. Synodwide Corporate Entity Bylaw Clarification (12-034)
Wilbert Sohns reported a Commission on Constitutional Matters concern regarding the use of the phrase
“each governing instrument” in Bylaw 3.6.1.7. The bylaw as currently worded requires synodwide
corporate entities to provide specific provisions in each of their governing instruments, a requirement
which, if taken literally, would be burdensome to these corporations, given the fact that “each governing
instrument” can refer to many documents including policy manuals. The commission agreed to include a
proposed bylaw amendment in its omnibus resolution that will advocate a number of minor changes to
provide clarification to individual bylaws. In this case, paragraphs (a)–(d) will be changed to begin with
the words “a provision.”
49. Bylaw 2.17.3 (b) Reference to Other Expulsion Processes (12-035)
Wilbert Sohns reported a Commission on Constitutional Matters concern that Bylaw 2.17.3 (b) neglects
to mention other expulsion processes that should be given consideration when a district president
discusses with an accuser the question of which section of the Synod’s Bylaws would be appropriate for
use under the circumstances. The Commission on Handbook agreed to include a proposal for a correction
of this concern in its omnibus resolution that will advocate a number of minor changes to the Bylaws of
the Synod, adding mention of Bylaw sections 2.14, 2.15, and 2.16.
50. Correction of Handbook Contradiction re Approval of Theology Faculty (12-036)
Page 26 – 08.25 to 08.26.12 – COH Minutes