LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — May 5–6, 2017, Page 8

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The commission notes that these answers pertain only to this specific situation, regarding a minister with a
missionary call by one district and a pastoral call from a congregation in another, and may not safely be
extrapolated to other situations. It also notes that, given the severe contortions into which the contemplated
situation forces the present bylaws, the observation of Ag. 1959 is still apropos: “The simplest approach
would, of course, be for [the congregation] to request a change in district membership.” Finally, it reiterates
its assessment that these bylaws (Bylaw section 2.12 and Bylaw 4.4.7, perhaps among others) need to
provide mechanisms for coming to definitive conclusions in these heretofore unaddressed situations. This
issue is referred to the Commission on Handbook.
49. Eastern District Bylaws (ordinarily, Articles of Incorporation) (17-2812)
The President of the Eastern District forwarded his district’s bylaws, with changes intended to be presented
to the 2018 district convention, for prior review under Bylaw 3.9.2.2.3 [a]. The commission, noting that the
Eastern District’s bylaws contain the material usually found in articles of incorporation, and noting
certificates of incorporation filed in New York and Pennsylvania on May 22, 1903, and January 23, 1923,
respectively, offers the following response:
•

Bylaw section IV. The Board of Directors: The commission notes that the phrase “upon [the Board
of Directors] is incumbent the general management and supervision of the district” must not be
understood as encompassing supervision and management of the district president’s ecclesiastical
supervisory activity. The LCMS Constitution and Bylaws (Const. Art. XI E 2 and Bylaw 4.5.1)
speak of boards of directors having supervision of business and property matters. Responsibility
for supervision of programs may also be assigned by district bylaws to a board of directors (LCMS
Bylaw 4.5.1), so long as such an assignment does not impinge on the district president’s
ecclesiastical supervisory work, which is exercised on behalf of the Synod.

•

Bylaw section VII. Dissolution: This paragraph includes not only dissolution language, but also
relationship language (the first sentence), the force of which is not limited to the potential
dissolution of the Eastern District. Either the title of the section should be changed to “Relationship
and Dissolution” or the relationship sentence should be removed to its own, appropriately labeled
paragraph.

The commission thanks the Eastern District for submitting its documents for review. The commission gives
its approval, required by Bylaw 3.9.2.2.3 [a], to the proposal, contingent upon the issue in Bylaw section
VII being addressed in one of the two manners proposed. The commission requests a clean copy of the
bylaws as amended by the convention, for its files, and notes the new procedure of Bylaw 3.9.2.2.3 [b],
which may be of use to the district, should the convention wish to amend the proposal at the time of the
convention.
50. Eastern District Regulations (ordinarily, Bylaws) (17-2813)
The President of the Eastern District forwarded his district’s regulations (containing those features
commonly incorporated in a district’s bylaws), with changes intended to be presented to the 2018 district
convention, for prior review under Bylaw 3.9.2.2.3 [a]. The commission responds as follows:
•

1.1.7.1: Compare 2016 LCMS Bylaw 1.10.10, which has removed the “within three months”
language (note citation of 2013 Handbook, which should be updated to 2016). The district may
wish to update its procedure, or state simply that reconcilers “shall be appointed according to
procedure specified in Synod’s Bylaws.

•

1.2.1: A reference to the 2013 Handbook is noted, which should be updated or removed (see
elsewhere).

•

1.2.2.3: Should the office of President become vacant, the First Vice-President would not be the
acting President but “would advance to the President’s place, with full power” (Const. Art. XI C 2;
LCMS Bylaw 3.3.2.1; cf. LCMS Bylaw 3.3.1.4, dealing with temporary incapacity of the
CCM Minutes – May 5–6, 2017 – Page 35