LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — September 18−19, 2015, Page 4

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approved by the convention. With an August 17, 2015 letter, the secretary of the district submitted the
change to the commission for its review. The commission granted its approval to the amendment. It also
noted two other unrelated concerns to bring to the district’s attention:
• In several instances under Articles III and IV, the district will want to replace the word
“counselors” with “visitors” in keeping with the same change made throughout the Handbook of
the Synod by the 2013 Synod convention.
• Regarding Article VII, paragraph D (which speaks of board of directors meetings using electronic
means), the commission encourages the district to examine whether this paragraph entirely
satisfies the Synod Board of Directors’ policy requirements for such meetings (policies 1.5.3 and
2.4.6).
132. Reconsideration of Item from Review of Oklahoma District Bylaws Review (15-2776)
Via a September 2, 2015 emailed letter, the secretary of the Oklahoma District, in response to a review of
the Bylaws of the Oklahoma District and recommendations from the Commission on Constitutional
Matters for changes therein, asked a question about one of the commission’s required changes for the
district’s bylaws. His question, essentially stated:
Question:

The Commission on Constitutional Matters has determined that a district nominating
committee has an obligation under Synod Bylaw 3.12.3.6 (a) to provide a specific number of
candidates and at least one alternate for each position under its consideration. As it is
burdensome for the nominating committee at the district level to do so for every position,
may the district be allowed to deviate from this requirement with the approval of the
Commission on Constitutional Matters under the general principle that this action is not
applicable (Synod Bylaw 4.2.1 [a]) under such circumstances?

Answer: It is not within the authority of the Commission on Constitutional Matters to approve deviation
from the applicable provisions set forth in the Synod’s Bylaws (see also Commission on Constitutional
Matters opinions 15-2755, 15-2756, 14-2719 and Ag. 333). The Commission on Constitutional Matters
recognizes the difficulties that may arise from these bylaws in obtaining sufficient numbers of candidates
and alternates, especially at the district level. It may very well be that an amendment to the Bylaws
allowing deviation from these requirements after due diligence has been exercised is appropriate;
however, the wisdom of this is for the Synod in convention to determine—not the Commission on
Constitutional Matters.
133. District President Membership on Seminary Board of Regents (15-2777)
In a September 11, 2015 letter, a pastor of the Synod submitted questions regarding a district president’s
continued service as an appointed member of a seminary board of regents after his term of office as a
district president has expired. In keeping with the requirement of Bylaw 3.9.2.2 (b) that an officer or
agency of the Synod affected by a question to the commission must be notified and his/its input invited
prior to an opinion being rendered, Chairman Gude reported that such letters have been sent and a
response will necessarily wait until the commission’s next meeting.
134. General Items of Discussion
During the meeting, the commission also discussed matters in general not requiring action at this meeting.
These included:
• Issues likely to come before the 2016 Synod convention;
• A joint Commission on Constitutional Matters/Council of Presidents/Secretary of the Synod
response to 2013 Res. 7-18;

CCM Minutes – September 18–19, 2015 – Page 102