LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — April 10–11, 2015, Page 11

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After discussion of the document presented in light of bylaw expectations, the commission referred the
matter to the Secretary of the Synod for further conversation and cooperation with Concordia University
System to satisfy the resolution’s expectations.
98. Application of Synod Convention Bylaws to District Conventions (15-2755)
On March 2, the Secretary of Synod, in response to inquiries prompted by upcoming district conventions,
posed a series of questions regarding Bylaw 4.2.1 [a] and its application of Synod convention bylaws to
district conventions.
Background
While districts share the Synod’s Constitution (Constitution Art. XII 2) and Bylaws (Bylaw 4.1.1.2), each
district “is at liberty to adopt such bylaws and pass such resolutions as it deems expedient for its
conditions, provided that such bylaws and resolutions do not conflict with the Constitution and Bylaws of
the Synod” (Constitution Art. XII 2). Bylaw 4.2.1 (a) and (e) apply this principle to regulations for
district conventions. (These paragraphs originally read consecutively [1949 Handbook, p. 55] until
separated by the insertion of paragraphs [b]−[d] by the 2010 convention.) Bylaw 4.7.1 applies this
principle in a distinct manner to regulations for district nominations and elections.
Thus there are four distinct modes in which the Constitution and Bylaws of the Synod regulate district
conventions, nominations, and elections:
(a) Where the Constitution or Synod Bylaws deal directly with district conventions, nominations, or
elections, these shall govern. Districts are not at liberty to adopt conflicting regulations.
(b) Where the Constitution deals with Synod convention, Synod nominations, or Synod elections
(and does not elsewhere deal directly with the same matters regarding a district), it shall govern
(e.g., Constitution Art. VIII C). Districts share the Synod’s Constitution (Constitution Art. XII 2).
Districts are not at liberty to adopt conflicting regulations.
(c) Where Synod Bylaws deal with the Synod convention (and do not elsewhere deal directly with
the same matters regarding a district), they shall govern “insofar as these may be applicable”
(Bylaw 4.2.1[a]), but districts “may adopt other regulations, provided these are not contrary to the
Constitution and Bylaws of the Synod” (Bylaw 4.2.1[e]).
Districts are not at liberty to adopt regulations conflicting with Synod’s Constitution and Bylaws
(Constitution Art. XII 2; Bylaws 4.1.1.2; 4.2.1[e]). Nor are they at liberty to render an
authoritative interpretation of whether or not Synod’s Bylaws are “applicable.” That authority
rests with the Synod and its Commission on Constitutional Matters.
At the same time, the language of Bylaw 4.2.1(e), “may adopt other regulations,” suggests that
district convention procedures may vary, to a limited degree, from the Synod’s convention
procedures, even where, in the absence of district bylaws, the Synod’s convention bylaws would
govern by default.
It is impossible to provide a concise evaluation of what degree of variation might be allowable in
every given circumstance. The commission’s review of district regulations and their amendment
(Bylaws 3.9.2.2.3; 4.1.1.2[b]) serves this purpose. In the precedent, the phrase “insofar as these
may be applicable” (Bylaw 4.2.1[a]) has consistently been interpreted expansively, to mean,
“wherever such bylaws deal with structures or procedures that exist (or should exist) on the
district, as well as on the Synod, level.” See CCM Ag. 02–2229 (regarding Bylaw 3.1.2.1[d]), 092574 (Bylaw3.1.6[a]), 06-2485 (Bylaw 3.1.6.1), 02-2281 (Bylaw 3.1.6.2), 10-2577 (Bylaw
3.1.6.2[c]), 14-2705 (Bylaw 3.1.8[b]).
CCM Minutes – April 10–11, 2015 – Page 73