LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — January 20, 2022, Page 1

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MINUTES
COMMISSION ON CONSTITUTIONAL MATTERS
Electronic Action
January 20, 2022
Consonant with Synod Bylaws and Synod Board of Directors policies regarding action taken without a
meeting, the members of the commission gave unanimous approval to the following opinion, issued after
review and circulation of comments, with all commission members participating:
117. Southern Illinois District Overtures to Amend District Bylaws (21-2975)
By an email of December 14, 2021, the Secretary of the Southern Illinois District (SID) forwarded four
overtures proposing district bylaw amendments, these requiring advance review and approval.
The commission notes the following areas requiring attention:
•

Overture 2-03: This overture to restate articles of incorporation stands approved under Op. 20-2946
and requires no further review.

•

Overture 2-06: A district may choose to limit the terms of its district president (Synod Bylaw 4.7.5).
Where this may apply to terms already served at the time of adoption or of taking effect, it is
important that this be done with clarity—either in the bylaw language adopted or by enabling
language adopted with the amendment to state definitively the convention’s understanding of the
language adopted. The overture as presented includes a resolve stating that the change would take
effect with the 2024 convention, but is not clear with regard to the impact, at that point, of terms
already served.
It may also be noted that the proposed SI Bylaw 2.11 (a) is stated in terms different from those in
(c) (as relettered). This also leads to uncertainty as to whether the limit on presidential terms is
meant to apply to consecutive terms (as with regard to other term-limited offices) or to cumulative
terms served, despite any interruptions in service. It may be clearer to propose restating SI Bylaw
2.11 as follows, though this may not have the effect originally intended with regard to the impact
of terms already served:
Present/Proposed Wording
2.11 Successive Terms
a. The number of successive terms in office of the President and the Schools and
General Executive shall be without limitation.
b. The President shall be ineligible for reelection after serving a total of three
complete successive terms.
b. c. All other elected or appointed District officers and members of District
boards shall be ineligible for reelection or reappointment to the same board after serving
a total of two complete successive terms.
d. TheyThose rendered ineligible by term limitations for reelection or
reappointment to an office or board may become eligible again for election or
appointment to the same office or board after an interval of three or more years.
The language of Overture 2-06 is approved as proposed as not being in conflict with the
Constitution and Bylaw of the Synod; however, it cannot be recommended as clear. The above
suggestion of clearer language is also approved as an alternative, should the district choose to adopt
it.

•

Overture 2-07: Synod Bylaws do not require the district to maintain a Board of Congregational
Support as such. However, the commission notes the following aspects of this proposal requiring
attention:

CCM Minutes – January 20, 2022 – Page 86