LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — December 4–5, 2015, Page 2

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Question 2: Does a “request” of the Council of Presidents for such a retiree to be the appointee of the
Council of Presidents to the seminary’s board of regents confer a seat and a voting right and
power to such a retired district president? If so, what bylaw of the Synod permits this, and
what of the Council of Presidents is an action of the entire body of the Council of
Presidents? Are the Synod’s Constitution and Bylaws in fact applicable to actions and
governing, or can assertion of “custom” overrule the Constitution and Bylaws? If so, why
and how?
Opinion: There is no provision in the Constitution and Bylaws of the Synod that would allow for a
request to a former district president to serve in a position that requires the service of a district president.
Nor can an assertion of “custom” overrule the absence of such a provision in the Constitution and Bylaws
of the Synod. Where a bylaw specifically calls for an action by a “district president,” no agency of the
Synod may set aside a bylaw of the Synod and authorize a person who does not hold the office of district
president to act as such.
141. English District Policy Manuals (15-2778)
With a September 21, 2015 email, the secretary of the English District submitted his district’s corporate
operations manual for review by the commission. Upon review, the commission offered the following
comments.
• Under ELECTED OFFICERS – Rights and Duties, paragraph 1, this list should include the
treasurer of the district as an officer of the district (Synod Constitution Art. XII 2; Bylaw 4.3.2),
which may require removing “elected” from the introductory statement. The commission also
suggests that the reference to the Synod’s Handbook would better state “Constitution and
Bylaws.”
• Under ELECTED OFFICERS – Rights and Duties, paragraph II A, the statement will better read:
“The term Bishop may be used informally in addition to or as an alternate term to President.”
• Under ELECTED OFFICERS – Rights and Duties, paragraph E, mention is made of an
“executive handbook,” which is a document that the commission has not seen but must also
review (Synod Bylaw 3.9.2.2.3).
• Under APPOINTED STAFF – Job Descriptions, “EXECUTIVE ASSISTANT TO THE
PRESIDENT: BUSINESS AND FINANCE AND TREASURER, paragraph 1: This paragraph
should make clear that the primary role of the treasurer of the district is that of treasurer, because
of which he is an officer in his own right and not just an assistant to the president.
• Under APPOINTED STAFF – Job Descriptions, “EXECUTIVE ASSISTANT TO THE
PRESIDENT: BUSINESS AND FINANCE AND TREASURER, paragraph 2: It is not correct to
refer to the treasurer merely as “contracted by the board of directors.” He is to be “elected or
appointed as the bylaws of the district may provide” (Synod Bylaw 4.3.2).
• Under COMMITTEE ON NOMINATIONS, “Duties”: This entire section is not the responsibility
of the nominations committee but of the secretary, as in the case of the Synod’s Secretary (Synod
Bylaw 3.12.3.6). It is the responsibility of the district secretary to obtain nominations for district
president (paragraph A), obtain nominations for district vice-president (paragraph B), prepare
slates of regional positions (paragraph C), etc.
• The ADDENDA regarding Section 4-03(b) Tax Deferred Plan is foreign to the purpose of the
document as well as unnecessary and can be removed.
• Under ENGLISH DISTRICT ENDOWMENT FUND, section “3.0 Distribution of Funds” does
not contain the dissolution language required by Synod 2004 Res. 4-11. The district will need to
use the language that is being submitted in an overture to the 2016 convention, assuming its
adoption.

CCM Minutes – December 4–5, 2015 – Page 105