LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — October 21–22, 2016, Page 4

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Bylaws 2.14.5–2.14.5.1, to assign the decision whether or not to initiate formal proceedings to the
Referral Panel. Three questions, (a)–(c) below, result from this observation.
(a) Does CCM Op. 16-2791 find unconstitutional the use of Referral Panels in the manner
described in Bylaws 2.14.5–2.14.5.1?
(b) If CCM Op. 16-2791 does not apply to their constitutionality, are they constitutional, as used
in Bylaws 2.14.5–2.14.5.1?
(c) Does 2016 Res. 12-14 authorize the present Bylaw 7.1.2 process to address in any required
fashion the use of Referral Panels in the manner described in Bylaws 2.14.5–2.14.5.1?
The commission examined Res. 12-14, CCM Op. 16-2791, and input received from the Council of
Presidents (requested under Bylaw 3.9.2.2 [b]). After significant discussion, the commission deferred
further action to its November meeting.
10. Questions Regarding Candidate Status Bylaws (16-2795)
The Secretary of the Synod, in drafting the 2016 Handbook and fielding questions regarding roster
matters, in a Sept. 22 e-mail addressed the following question to the commission:
Background: The 2016 Convention directed the following in Res 12-03:
Resolved, That all references to non-candidate status be removed from the Bylaws
(Bylaws 2.11.2.3, et al); and be it further
Resolved, That with the adoption of this resolution all current candidates and noncandidates be granted candidate status, effective immediately; and be it further
Resolved, That candidate status will be for a period of ten years, and may be renewed for
a five-year period upon the recommendation of the applicant’s district president and the
approval of three-fourths (75%) of the Council of Presidents; and be it finally
Resolved, That the Commission on Handbook make all necessary Bylaw changes
consistent with this resolution.
In removing non-candidate status (striking Bylaw 2.11.2.3), originally intended for those “eligible
to perform the duties of any of the offices of ministry…but who is not currently an active member
or an emeritus member and who chooses not to be a candidate member,” the convention
transferred such members into candidate status. The terms of candidate status and its extension
have also been adjusted (requiring the Commission on Handbook to make changes to Bylaw
2.11.2.2[a]), and all candidates and former non-candidates have been granted a new candidate
status, for a term of ten years, effective July 13, 2016.
Candidate status, however, comes with criteria “for determining whether candidate status should
be granted or continued” (on an annual basis, see Bylaw 2.11.2.2[b]–[c]). Included among the
criteria is “a demonstrated willingness to consider a call or appointment to any of the offices of
ministry…” Previously, those on candidate status “choosing not to be a candidate member” could
be counseled to apply for non-candidate status. That option is no longer available.
It does not seem the intention of the convention was to transfer members from non-candidate to
candidate status, only to have them removed entirely from the roster because they do not wish, at
the time, to consider calls, and there is no more non-candidate status for them to resort to. The
convention’s action bestows renewed candidacy upon members whose time of candidacy ran out,
who then sought to extend their membership through non-candidate status, but who the whole
time sought a call. The convention’s action also bestows candidacy upon those who were

CCM Minutes – October 21–22, 2016 – Page 4