LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — August 10, 2020, Page 5

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In Bylaw 4.03 (d), it should be clarified that “all non-voting ordained members of the Synod within the
district” and “all commissioned members of the Synod within the district” are advisory delegates and that
the others listed are advisory representatives.
At Bylaw 5.04 (a), the second sentence appears to have been missing the words “in the respective region”
after the word “residing.” Due to a 2019 change to LCMS Bylaws 4.3.1, 3, however, the word residing
needs to be replaced with “having membership in a congregation in the respective region.” At Bylaw 5.04
(d), the commission understands that “lien” should read “line.”
In Bylaw 5.06 (a), the last line should read: “the election of circuit visitors counselors.”
At Bylaw 6.03 (a), the commission notes its previous suggestion of Op. 17-2834A that “While it is
allowable for the convention to assign this responsibility to the board of directors or a committee thereof
(Bylaw 4.5.1) in district bylaws, it may be wise to establish an independent committee or commission to
interpret district documents authoritatively.” Further, it is noted that such a committee is empowered only
to interpret the bylaws and resolutions adopted by the district, and that its interpretations of district bylaws
cannot be inconsistent with the Synod Constitution, Bylaws, and resolutions and that they are subject,
insofar as they depend on the meaning of such documents, to decisions of the LCMS Commission on
Constitutional Matters.
At Bylaw 6.04 (a), the changes required by the commission in Op. 17-2834A have not been made in the
district bylaws as they presently stand. The commission reiterates that Bylaw 6.04 (a) would properly be
amended to read as follows:
(a) Amendments to the Bylaws may be made, provided they are not contrary to the constitution,
bylaws or resolutions of the District or Synod, presented in writing to a convention of the district;
specified as bylaw amendments and considered by a convention floor committee; adopted by the
affirmative vote of a majority of the delegates present and voting. All amendments to the bylaws
are required to be reviewed and approved by the Synod’s Commission on Constitutional Matters
prior to their submission to the convention to ascertain that proposed amendments are in harmony
with the Constitution, Bylaws, and resolutions of the Synod (Synod Bylaw 3.9.2.2.3 [a]).
(b) The district in convention may vote to amend its previously approved bylaw changes or, in
unusual circumstances, to amend its bylaws without prior approval provided the resolution is
contingent on approval of the Commission of Constitutional Matters (CCM). In that case, the
amended articles or bylaws become effective immediately upon, and only upon, approval of the
CCM. Should the CCM not approve the adopted changes, the district Board of Directors may
modify the amendments to comply with the CCM requirements upon their two-thirds vote (Synod
Bylaw 3.9.2.2.3 [b]).
At Bylaw 6.04 (b), the commission notes that such amendments must be reviewed and approved in advance.
Otherwise, the proposed addition of Bylaw 6.04 (b) is in order and would properly follow the above two
subparagraphs (which replace existing subparagraph 6.04 [a]) as subparagraph (c).
The commission requests resubmission of a bylaw proposal addressing the above issues, so that it may
complete a favorable review and approve the result for presentation to the convention.
The commission notes again, as it noted in CCM Op. 18-2896, that the proposed articles approved by the
commission in its Op. 17-2834 as containing the language required by LCMS Bylaw 1.5.3.6 and 2016 Res.
9-02A do not appear yet to have been filed with the State of Wisconsin. The commission thanks the district
for the submission of its documents for review and looks forward to the district’s subsequent draft.
44. Adjournment and Upcoming Meetings
The commission will continue to arrange a greater number of briefer internet conference meetings to deal
with business as it arises. Chairman Gude and Secretary Sias will review the business before the

CCM Minutes – August 10, 2020 – Page 30