LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — May 11, 2015, Page 4

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regarding meetings of Synod agencies (Board of Directors Policy 1.5.3) as well as civil laws for
non-profit corporation meetings (which vary from state to state).
Under Bylaw D2.23, the final line of paragraph a would better read: “…and one (1) lay member.”
Regarding paragraph c, the provisions of Synod Bylaw 1.5.3.2 for executive committees govern
executive committees also on the district level. If this bylaw does not repeat the provisions of the
Synod bylaw, it should at least acknowledge the Synod bylaw’s requirements as follows: “c. The
committee shall have the authority to act for the board between meetings within the limitations
provided by Synod Bylaw 1.5.3.2.
Under Bylaw D2.24, paragraph a’s mention of “electing” the treasurer should be changed (here
and elsewhere) to read: “a. To appoint the treasurer.” For its purposes, the Synod regards only
those positions filled by a district or Synod convention to be “elected.” Even though an elective
method may be used to arrive at a decision, this treasurer’s position is an “appointed” position
since it is filled by a board.
Under Bylaw D2.28, the second sentence of paragraph c regarding second and subsequent ballots
is incorrect and should be removed. The re-ordering of the names on the ballots contradicts the
general principles articulated by Synod Bylaw 3.12.4.1, namely, that the names are to be listed in
alphabetical order and without distinctive mark.
Under Bylaw D2.31 “Nominations” paragraph a, the residency principles articulated earlier
pertain and the bylaw’s provisions need to mirror more closely current Synod bylaw provisions.
The paragraph will better read: “a. Nominations for regional vice-president shall be made from
the rostered clergy of the district with residence in the region. Nominations shall be made no later
than ninety (90) days prior to the beginning of the convention. The district secretary shall call for
nominations at least 180 days prior to the convention.”
Under Bylaw D2.31 “Selection” paragraph d and the D2.32 “Election” paragraph, mention of
ratification by the district convention when there has been only one candidate selected requires
(as with circuit visitor ratification, Synod Bylaw 5.2.2 [g]) that the convention have the right to
alter the slate by amendment. One name on a ballot does not qualify as a true election by majority
vote. Bylaw D2.32 must therefore include additional wording specifying that opportunity must be
provided for additional nominations from the floor of the convention in order for ratification to be
a true election. An initial paragraph could read:
Immediately following the regional caucus, the results of the selection process shall be reported in
writing to the secretary of the district in preparation for presentation to the district convention. When
presented, the convention shall have the right to alter the ballot by amendment. When the convention
then ratifies the selections of vice-presidents, such ratification constitutes election.

Under Bylaw D2.32, the ranking of the vice-presidents is also an important elective process, with
every position filled by a majority vote (Synod Bylaw 4.7.3; see also 3.12.2.7 [g]). The wording
of this paragraph therefore must necessarily read: “After the election of the vice-presidents by the
entire convention, they shall be ranked (1st,…5th) by a series of elections, each election requiring
a majority vote.”
Under Bylaw D2.34, paragraph b, the wording should be changed to make clear that nominees
must reside in the region.
Under D2.34, paragraph d, here again the paragraph describing the process for regional elections
should be added for the reasons given above, a final paragraph e to read:
e. Immediately following the regional caucus, the results of the selection process shall be reported in
writing to the secretary of the district in preparation for presentation to the district convention. When
presented, the convention shall have the right to alter the ballot by amendment. When the convention
then ratifies the selections of lay representatives on the board of directors, such ratification constitutes
election.

The initial sentence of Bylaw D3.02 will more accurately read: “The accredited pastor and lay
delegate of each voting congregation in the district shall be entitled to vote.”

CCM Minutes – May 11, 2015 – Page 83