LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — November 18–19, 2016, Page 5

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supervision decisions are to be made by ecclesiastical supervisors and not by those the constitution does
not invest with ecclesiastical supervision, i.e. the Praesidium of the Synod. This principle is also
applicable the use of Referral Panels in Bylaws 2.14.5 and 2.14.5.1; 2.17.5 and 2.17.5.1. Since this use of
Referral Panels is found unconstitutional based on CCM Op. 16-2791, and since Res. 12-14 authorizes
the Bylaw 7.1.2 process to address those issues found unconstitutional as a result of CCM Op. 16-2791,
the Bylaw 7.1.2 process must address this question also.
21. Questions Regarding Candidate Status Bylaws (16-2795)
The Secretary of the Synod has requested an opinion regarding the impact of 2016 Res. 12-03 on Bylaw
2.11.2.2
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 to 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 properly (by election and not by the clock of Bylaw
2.11.2.2 [a] running out) non-candidates. The following question arises from the change in status of those
members:
Question: What impact does 2016 Res. 12-03 have on the text and application of Bylaw 2.11.2.2,
including especially its subparts (b) and (c), and especially with regard to those now placed on candidate
status who, for whatever reason, are temporarily not demonstrably willing to consider a call or
appointment to any of the offices of ministry specified in Bylaw section 2.11?
Answer: Though the action of the Synod in the 2013 Convention removed non-candidate status as a
category of inactive membership, it did not alter the other portions of this bylaw as it related to qualifying
CCM Minutes – November 18–19, 2016 – Page 11