LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — April 6–7, 2018, Page 6

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By an e-mail of March 16, 2018, the Southeastern District forwarded a proposed resolution intended to
bring the district’s bylaws into line with changes made by the 2016 LCMS convention.
The commission notes the concerns expressed in its prior review, Op. 14-2723A, which apparently remain
unaddressed. As a full copy of the district’s present bylaws as adopted in 2015 was not provided to the
commission, it is unable to ascertain whether these changes, or the others indicated in Op. 14-2723, were
made in 2015, and unable to review the bylaws in full. The commission assumes that it is to review the
submitted, proposed amendment in the context of the last draft submitted in 2015, but cautions that it is
unable to ascertain whether or not it was adopted intact. This review must therefore be regarded as, at best,
provisional.
The commission, noting one objection to the two changes proposed, adds that two additional changes appear
to be required:
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The district should take care to note that the amendment to Article X, Section 3, and the underlying
LCMS Bylaw 3.9.2.2.3 (b), do not absolve the district of its responsibility under LCMS Bylaw
3.9.2.2.3 (a), should it intend to bring bylaw changes, to obtain prior review and approval.
In SED Bylaw Article II 2 d: delegates to the district convention no longer automatically serve as
electors for the Synod president (LCMS Bylaw 3.12.2.3). Article II 2 d must be removed in its
entirety.
SED Bylaw Article V 4 c needs to distinguish the elections of President and Vice-President, in
which only the lowest vote-getting candidate is removed from each subsequent ballot, from the
others, in which those receiving less than 15% of the vote are removed (except in the noted
exceptional case), cf. LCMS Bylaw 3.12.4.2 (e).

The district is thanked for sending the proposed changes for review, and asked to submit a clean copy of
the bylaws, as adopted, for the commission’s files.
147. Florida-Georgia District Articles of Incorporation and Bylaws (18-2878)
By a February 22 e-mail, the Secretary of the Florida-Georgia District sent his district’s proposed articles
of incorporation and bylaws for the commission’s review. A subsequent version was forwarded by way of
March 25 e-mail, and that version is the subject of this review. The articles as proposed are approved for
presentation to the convention and as satisfying the requirements of LCMS Bylaw 1.5.3.6 and 2016 Res. 902A.
With regard to the bylaws, the commission notes:
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In the district’s proposed bylaw D2.28(b), the election procedure of dropping from subsequent
ballots all those who received less than 15% of the vote applies only to elections other than those
of the president and vice-presidents of the district. In electing the president and vice-presidents,
only the one candidate receiving the fewest votes is removed (cf. LCMS Bylaw 3.12.4.2 [e]).
In Bylaw D2.16, though the intention is somewhat clear, the rostered members of the District must
also be members of member congregations of the district (LCMS Bylaw 4.3.3). The first instance
of “member of a voting congregation of the District or a rostered member of the District” should
be replaced with “member of a member congregation of the District and, if an individual member
of the Synod, on the district roster,” and the second instance, with “member of a member
congregation of the District or, if an individual member of the Synod, ceases to be on the district
roster.”
In Bylaw D2.22 (c), such meetings must be held “in accordance with LCMS Board of Directors
policy” (LCMS Bylaw 1.5.3).
Under Bylaw D2.31, Selection, (c), the phrase “subject to ratification by the entire convention”
should be clarified by the addition of the words,” which retains the right to amend the slate;”
likewise, in Bylaw D2.34 (d)(4).
CCM Minutes – April 6–7, 2018 – Page 113