LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — November 18–19, 2016, Page 1

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MINUTES
COMMISSION ON CONSTITUTIONAL MATTERS
Renaissance Hotel and Convention Center, Schaumburg, IL
November 18–19, 2016
17. Joint Meeting with the Council of Presidents
Members of the Commission on Constitutional Matters (CCM), except for Tom Deadrick and Secretary
John Sias, met with the Council of Presidents (COP) as directed by 2013 Convention Res. 6-16A. Larry
Peters, Alternate Secretary, took minutes for the joint meeting, as Secretary Sias was attending a parallel
meeting of the LCMS Board of Directors.
A devotion was given by Wyoming District President John Hill, after which COP Chairman Ken
Hennings introduced CCM Chairman George Gude, who addressed several 2016 Convention actions
impacting the districts and the work of district presidents.
Dr. Gude reviewed briefly the use, since 1975, of the terms assistant and associate for pastors. When the
2016 Convention (Res. 11-09, “To Allow Voting Privilege for Assistant Pastors”) eliminated assistant
pastors from the list of advisory members, all assistant pastors effectively became, from Synod’s
perspective, the same as associate pastors, eligible to be voting delegates to Synod and district
conventions.
The change effected by Res. 11-05, “To Revise and Enhance Nomination and Selection Process for
Regional Board Members,” in Synod’s regional election procedures (Bylaw 3.12.2.8) may now allow the
districts to nominate their regional board of directors members (but not their vice-presidents) using a
nominations committee. (Bylaw 4.7.2 needs yet to be brought into line, by the Commission on Handbook,
with Synod-level nominations procedures. This matter is being brought to the Commission on
Handbook.) Upon question from a district president, Chairman Gude’s personal opinion was that a
caucus could “select” the regional vice-president as long as the election was by the whole district and the
district was allowed to amend the slate of nominations. The COP would welcome, prior to the next
district convention cycle, a guideline from the Secretary of Synod as to the impact of new Synod bylaws
on district conventions.
The general relation in the LCMS Bylaws of bylaws concerning convention and election processes on the
one hand, at the Synod level, and on the other, in the districts, calls for review. A group from the COP,
CCM, and Commission on Handbook (COH) could give consideration to what essential correlation is
required, what non-essential correlation might be not required but beneficial, and to what the unintended
consequences might be of whatever we do.
Chairman Gude reviewed the change in Bylaw 3.9.2.2.3 [b] that allows a district convention to
(provisionally) adopt bylaw changes preapproved by the CCM and then amended at the convention. The
amended changes would be submitted to the CCM for approval, upon which approval they would become
operative. The bylaw authorizes the district board of directors to revise the amended changes as necessary
to obtain CCM approval, should the amendments have proved problematic upon review.
Chairman Gude reviewed 2016 Res. 9-02A, “To Assure Uniformity of Relationship and Asset
Disposition Language in Governing Documents of Corporate Agencies of the Synod,” a result of the Task
Force on 2004 Res. 4-11, which requires the CCM to examine the Articles of Incorporation and Bylaws
of all agencies of the Synod (and agencies of agencies) and to report to the 2019 Convention on the
compliance of all agency documents to the requirements of 2016 Res. 9-02A.
In reviewing the process that led to CCM Op. 16-2791, “Constitutionality of Historical Appeal to
President and Praesidium in Expulsion Case," Chairman Gude pointed out that until the opinion was
complete, this was understood as an historical question of practice limited to the time between 1956–

CCM Minutes – November 18–19, 2016 – Page 7