Collection › LCMS Commission on Constitutional Matters — Minutes (St. Louis, Missouri) › 2020 › Page 4
LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — October 30–31, 2020, Page 4
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Source: The Lutheran Church—Missouri Synod (files.lcms.org)
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56. Oklahoma District Bylaw Revision, Proposed (20-2947)
By an email of August 12, 2020, the Secretary of the Oklahoma District forwarded his district’s proposed
bylaw revisions for review. The commission offers the following points requiring attention:
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Article III 1 b: The Synod’s amendment of its Bylaw 4.2.1 will require the following change: “with
residence with membership in a congregation in the designated region.”
Article III 4, paragraph dealing with meeting and conducting business by “various electronic
means”: The district should consult Bylaw 1.5.3 and policies of the Synod Board of Directors.
Electronic meeting is permitted under Synod BOD Policy 5.7.8, under the noted stipulations. Policy
2.4.6, also relevant, requires that actions to be taken by electronic ballot (i.e., not in the context of
a meeting) must have the participation of all board members and the vote must be unanimous.
While these policies are mentioned in the district bylaw, the commission feels the district should
be advised of especially the final requirement noted and perhaps should note it explicitly.
Article IV 2: The commission notes that nominations for circuit visitor must be received the day
before the meeting (Bylaw 5.2.2 [b]) and suggests that this requirement should be included for
clarity.
Article VI: The commission notes its prior Op. 17-2863, which clarifies the meaning and
application of Bylaw 3.9.2.2.3 (b). It understands the two paragraphs of Article VI, respectively, to
refer to the situations contemplated in Bylaw 3.9.2.2.3 (a) and Bylaw 3.9.2.2.3 (b); the former to
refer to the ordinary course of business and proposals coming to the convention from the district
board of directors and the latter to refer to changes to such proposals or other changes that arise
unexpectedly in the course of a convention. So long as this is the district’s understanding, the
language is adequate.
The commission thanks the district and its secretary submitting this proposal for review. The commission
approves the proposal, with the above minor issues suitably addressed as suggested, for presentation to the
district convention. The district is asked to forward a clean copy of the bylaws as adopted following the
convention, for the commission’s file.
57. Southern District Articles of Incorporation and Bylaws, Proposed Revision (20-2949)
By an email of September 4, 2020, the office of the President of the Southern District, on behalf of the
district’s secretary, submitted proposed revisions to the articles of incorporation and bylaws of the district.
The commission notes the following:
Articles of Incorporation: The proposed addition to Article IX provides the relationship language required
by Synod Bylaw 1.5.3.6 (a) and 2016 Res. 9-02A, except that the following change is required: “subject to
the provisions of the Articles Constitution, Bylaws, and resolutions…”.
The dissolution language of Article IX is lacking two features of the language of Synod Bylaw 1.5.3.6 (b),
which should be included. The commission recommends a change to the added language as follows:
In the event of a dissolution of the corporation, all property and assets to which the assets of the
District holds title or over which it has control, subject to its liabilities, shall be transferred
forthwith, consistent with applicable state and federal laws, to The Lutheran Church—Missouri
Synod or to Synod’s nominee.
The commission approves the proposal, with the above changes implemented, for presentation to and
adoption by the convention. The district is thanked for attending to this matter and for sending its proposal
for review and asked to forward for the commission’s files a clean copy of the articles as adopted and
accepted by the State of Louisiana.
CCM Minutes – October 30–31, 2020 – Page 42