LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — April 1–2, 2016, Page 12

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Article 11, Bylaw 11.2: This paragraph requires change to duplicate the requirements of
Constitution Art. XII, paragraph 14 (“at least one-third of the voting members represented by at
least one of their respective representatives”).
Article 11, Bylaw 11.5.1: This paragraph must also include mention of parishes in order to mirror
Constitution Art. V A (“every congregation or parish is entitled to two votes”).
Article 12, Bylaw 12.3.10: The first sentence of this paragraph should agree with the Synod’s
nomenclature, the term “elected” to be reserved for elections by Synod or district conventions;
and the term “selected” to be used on all other occasions). It will better read: “The circuit visitor
for each of the circuits is to be selected in the circuit forums prior to the district convention.”
Article 12, Bylaw 12.5 assumes that vacancies in the offices of president and vice presidents are
filled by the next vice president in line of succession. The district bylaws do not resolve how a
vacancy in the office of third vice president is to be filled.

The commission thanks the SELC District for the opportunity to review its Bylaws document and
requests another opportunity to review the document after the above recommendations have been
incorporated.
162. Residence and Term of Office Questions re Board of Directors Positions (16-2787)
With a March 14, 2016 letter, an ordained minister of the Synod submitted two questions related to Synod
Board of Directors residence and term-of-office requirements. After deliberation, the commission
provided the following opinion.
Question 1: Where two individuals have been elected by convention from different districts to the
Synod’s Board of Directors as ministers of religion—ordained according to the provisions of
Synod Bylaw 3.3.4.1, (a) does a later change in district membership by one of the individuals
such that the two individuals are then from the same district preclude continued service by
one of them on the board or would each continue to serve until the next election; and (b) if
one of them were required to vacate his/her position, how would a determination be made as
to which individual should vacate?
Opinion: The pertinent bylaw in this matter states:
3.3.4.1 The Board of Directors shall consist of no more than 15 voting members, as follows:
1. One layperson elected from each of the five designated geographical regions
2. Two ministers of religion—ordained elected at-large by the Synod in convention
3. One minister of religion—commissioned elected at-large by the Synod in convention
4. Two laypersons elected at-large by the Synod in convention
5. Up to three at-large laypersons appointed by the elected members of the Board of Directors to obtain
needed additional skill sets (legal, finance, investment, administration, etc.)
6. The President and the Secretary of the Synod.
With the exception of the President and the Secretary of the Synod, no more than one voting member
from each category and no more than two voting members total may be elected from any one district.
The First Vice-President of the Synod shall be a nonvoting member.

In 2013, the Secretary of the Synod presented questions to the commission regarding regionally elected
members of a mission board, the Board of Directors, or vice-presidents two through six in situations in
which a board member or officer relocates to a different region prior to the end of his/her term. The
commission noted that the Synod’s Bylaws at that time provided no instructions for how to proceed. The
question as presented was whether such an individual could “…finish out his/her term as elected, or must
he/she resign because his/her congregational membership is now in another region (Bylaw 3.12.1 [b])?”

CCM Minutes – April 1–2, 2016 – Page 126