LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — February 28–March 1, 2014, Page 2

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Bylaw 2.12: Paragraphs a and b (p. 5) speak of residence of vice-presidents within their regions at
the time of election. Synod Bylaw 4.3.3, however, requires residence throughout the time that
regional officers and board members serve. If they no longer reside in the region that they were
elected to represent, they will no longer be able to serve. (See recent CCM Opinion 13-2689,
which states in part: “Therefore, when a regionally elected board member or officer relocates to a
different region of the Synod, this member [or officer] must resign from the officer or board
member position.”)
Bylaw 2.15: When a vacancy in a regional position is to be filled and a reserve list of nominations
from a previous election is used (p. 5), candidates for the vacancy must still be residents of the
region at the time the vacancy is filled and remain so throughout their time of service. (See recent
CCM Opinion 13-2689, which states in part: “These residence and congregational membership
requirements necessarily remain the same when vacancies are to be filled.”)
Bylaw 2.38: Synod Bylaw 3.12.4.2 does not provide such a method for resolving tie votes as
proposed in paragraph b (p. 12). Ballot voting by all voters present continues until a tie is
resolved. The chairman may also break a tie with his vote, as provided in commonly accepted
parliamentary law.
Bylaw 2.40: Conventions of districts must be governed by Synod bylaws for its conventions
insofar as they are applicable (Synod Bylaw 4.2.1 [a]). Paragraph a of district Bylaw 2.40 (p. 13)
fails to properly reflect the Synod’s bylaw, which provides for each voting congregation
opportunity to nominate two persons. Pastors should not receive nominating ballots. Both ballots
should be received by the congregations.
Bylaw 2.45: Paragraph a (p. 14) must reflect accurately Synod Bylaw 5.2.2 (d) which allows for
elections of circuit visitors from the clergy roster of the district, not just pastors who are members
of voting congregations of the circuit.
Bylaw 2.45: The third-last sentence of this bylaw (p. 14) must be changed to reflect Synod Bylaw
5.2.2 (f), which requires that the district president, not a circuit caucus, makes the selection of a
replacement candidate for circuit visitor if a circuit-selected candidate is no longer available at the
time of the district convention.

When these changes have been made, the commission requests that the amended documents with changes
clearly identified be re-submitted to the commission for review and approval prior to their consideration
by the 2015 district convention.
20. Constitutional Issues Related to Dispute Cases (13-2694)
Via a December 6, 2013 email, the President of the Synod submitted a series of questions for clarification
of constitutional provisions associated with dispute resolution. After lengthy discussion, a member of the
commission was asked to prepare a draft response for consideration and discussion when the commission
next meets in June.
21. CUS Presidential Election Process (13-2695)
The chairman of the board of regents of one of the universities of the Concordia University System (CUS)
addressed two questions to the commission regarding the process provided by the Bylaws of the Synod
for the election of university presidents. The questions pertained to Bylaw 3.10.5.5.2 (e), particularly to
the status of the list of candidates returned to the board of regents by the prior-approval panel (Bylaw
3.10.5.5.2 [d]).
The commission observes that the 2010 Synod convention significantly changed the process for electing
presidents of CUS colleges and universities, providing additional directives for that process (Bylaw

CCM Minutes – Feb. 28–March 1, 2014 – Page 8