LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — November 10–11, 2017, Page 8

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With regard to the Bylaws, as they stood prior to the 2015 district convention: The commission notes the
following in its review of the 2012 bylaws. A number of points will require attention, if possible, at the
2018 convention of the district:
•

Bylaw 1.01: Compare LCMS Bylaw 4.1.1.3. The district might submit an overture, however
detailed, to the Synod Board of Directors or Convention requesting that the process of Bylaw
4.1.1.3 be initiated, but is not authorized to present a proposal (in the sense Bylaw 4.1.1.3 identifies)
for dissolution. Further, the commission notes from Const. Art. VIII C: “All other matters shall be
decided by a majority vote” (Minutes of the CCM, April 24–25, 1969). This being a non-procedural
vote on one such “other matter,” a simple majority is constitutionally required. The commission
recommends that the whole of Bylaw 1.01 be removed.

•

Bylaw 1.02 [c]: Assistant pastors have been removed from the list of advisory members (Const.
Art. V B and XII 10 B) and are therefore eligible to serve as voting delegates. This provision is
presently rendered of no effect and must be removed.

•

Bylaw 1.05 is not correct. LCMS Bylaw 4.2.3 provides the list of advisory delegates to district
conventions: “all nonvoting ordained and commissioned ministers who are members of the Synod
within the district.”

•

Bylaw 1.06: Both delegates, pastoral and lay, “shall be accredited” as noted (LCMS Bylaw 4.2.2
[a]).

•

Bylaw 1.07: The proper reference is to Const. Art. XII 10 B.

•

Bylaw 1.09 [c]: The late overture committee includes only the President, the Secretary, and the
First Vice-President. Reference to “triplicate” may need to be updated.

•

Bylaws 1.10, 1.19: The commission notes that the district now has the option of providing these
materials electronically, with certain stipulations (LCMS Bylaw 4.2.1 [g]).

•

Bylaw 1.13: The district may wish to compare its list of floor committees to the present structure
of the Synod.

•

Bylaw 1.16: “Laypersons or commissioned ministers” would preferable to “non-ordained.”

•

Bylaw 1.20 [c] (similarly, [d] and [e]): Rather than “Members of a standing committee or
subcommittee are exempt from District Bylaws 1.25 and 1.30,” it would be better to say,
“Membership on a standing committee or subcommittee does not constitute a ‘term’ or ‘office’ for
the purposes of District Bylaws 1.25 and 1.30.”

•

Bylaws 1.21, 1.24 [a], and 1.25 [d]: “circuit counselor” should read “circuit visitor.”

•

Bylaw 1.23 [a][2]: Election by a district convention to the office of regent at Concordia University
Wisconsin is an elected office for the purpose of LCMS Bylaw 1.5.1.2, the content of which is
reflected in District Bylaw 1.30, and is subject to term limits imposed by LCMS Bylaws.
Apparently this falls under Bylaw 1.20 [b] (although this is not really a committee) and not Bylaw
1.20 [e]—but this is not so clear. If Camp LuWiSoMo is not separately incorporated, this would
seem to be an office elected by the district convention, as well—and therefore subject to LCMS
Bylaw 1.5.1.2. The categories of Bylaw 1.20 and their relation to District Bylaws 1.25 and 1.30, in
general, will require careful examination and clarification.

•

Bylaws 1.24[b] and 1.30[a]: The district Committee for Convention Nominations, as thus defined
with overlapping six-year terms, is not constituted as an “ad hoc convention committee” (Bylaw
3.12.3) and is therefore not exempt from consideration under LCMS Bylaw 1.5.1.2.

CCM Minutes – November 10–11, 2017 – Page 81