LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — November 10–11, 2017, Page 9

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Bylaws 1.26 [b] and 1.56 [f]: A Vice-President cannot be denied the line of succession; he may,
however, when appointed to fill a vacancy, be placed last in line of succession, with the other vicepresidents ascending in rank. In addition, the handling of a vacancy in the office of Vice-President
in the manner dictated is inappropriate. The position should be filled by appointment, not by a
determination made by less than a majority of the district convention. Matters determined by a
convention are to be determined by a majority vote (Const. Art. VIII C). See LCMS Bylaw 3.3.2.4,
in which a vacancy in the office of vice-president is filled by the president in consultation with
elected representatives of the region.

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Bylaw 1.26 [c]: It should be clear that vacancies in the office of circuit visitor are filled by
appointment by the district president (LCMS Bylaw 5.2.2.1)

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Bylaw 1.27 [a]: If this applies to the district president, it would seem to conflict with or constrain
Bylaw 1.27 [b].

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Bylaw 1.28: The full conflict-of-interest provision of LCMS Bylaw 1.5.2 needs to be included or
referenced here, instead of this limited statement.

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Bylaw 1.33: That the district uses regions in the election of its vice-presidents should be noted, as
well as the fact that residence determines to which region a member belongs.

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Bylaw 1.40 [d]: If the district intends to exclude from consideration the ex officio members of the
board, this should be made explicit.

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Bylaw 1.41: Reference to the departments of national Synod reflects an outdated structure.

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Bylaw 1.42 [c] will need to reflect or reference the content of LCMS Bylaws 1.5.7–1.5.8.1, which
govern in these circumstances, except in the case of the district president.

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Bylaw 1.44: the list under “criteria” does not consist of criteria.

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Bylaw 1.46 [a]: It should be clear, here and/or elsewhere, that proposed amendments to the district
articles and bylaws must be submitted for prior approval to the LCMS Commission on
Constitutional Matters, and not merely that of the district.

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Bylaw 1.46 [d]: It should be made clearer that the reference is to congregational constitutions and
bylaws.

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Bylaw 1.46 [e]: The committee does not have authority to render binding opinions as to the meaning
of congregational constitutions or bylaws, unless granted such by these congregational documents.
The congregation, not the district president or board of directors, would have the authority to
request more than an advisory interpretation of its documents.

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Bylaw 1.51: It is unclear to whom this provision applies and to which provisions of the Synod
bylaws it refers (presumably Bylaw 3.11.1).

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Bylaw 1.52 [b]: Nominations for vice-president must be from the clergy roster of the district, with
residence (not congregational membership) within the designated region (LCMS Bylaw 4.3.1). The
provision about movement at time of election is therefore unnecessary and should be removed.

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Bylaw 1.53: LCMS Bylaw 4.7.2 stipulates that nominating committees may not be employed in
the election of the president and vice-presidents. These duties properly belong to the Secretary of
the District.

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Bylaw 1.54 [a] and [b]: It would be clearer to include as a note to both (perhaps as [c]) that when a
tie occurs for the last place(s) on the ballot, all names involved in the tie are included.

CCM Minutes – November 10–11, 2017 – Page 82