LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — April 8–9, 2022, Page 4

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that the presenting issue was directly addressed in the Constitution and Bylaws of the Synod, so that it could
respond definitively to the question without entering into findings of fact or balancing of interests.
With regard to the present question, the commission finds that the Constitution and Bylaws of the Synod—
while they do provide the framework for balancing of interests in this circumstance—do not dispositively
address the specific presenting circumstance. This commission is not charged to engage in findings of fact
or to evaluate or correct the balancing of interests where the Constitution, Bylaws, and resolutions of the
Synod are not dispositive of the matter. In such a situation, should a congregation be concerned that its
district may not have balanced the issues involved in accommodating its convention “in the interest of the
Synod” (Const. Art. XII 12), redress is available: by addressing the concern to the district board of directors;
by addressing (albeit, likely after the fact) an overture to a convention of the Synod or district; by requesting
the President of the Synod to call the issue up for the district’s review (Bylaw 3.3.1.2 [c]); or by engaging
the dispute resolution process of the Synod (Bylaw section 1.10).
123. Northwest District Bylaws, Proposed, Resubmitted (20-2954D)
By an email of January 11, the Northwest (NOW) District Secretary forwarded a further revision, in
response to the commission’s Op. 20-2954C, of his district’s bylaws being proposed to its 2022 convention.
The commission notes, together with its appreciation for the district’s evident careful consideration of the
commission’s previous reviews and adoption of conforming changes, the following:
•

NOW Bylaw 2.4.2: Oversight is a defined term (Bylaw 1.2.1 [p]). The district board of directors
does not have mere oversight of the administration of business and property affairs of the district;
it has the supervision of such administration (Bylaw 1.2.1 [u]), or is properly said to exercise that
administration itself. The proposed language is not consonant with Synod Bylaws. The language
of Bylaw 4.5.1 should instead read: “The Board of Directors is responsible for and is vested with
the general management and supervision of has the authority to administer the business and
property matters affairs of the District while the Convention is not in session, subject to the Bylaws,
Constitution, and approved convention resolutions of the District and Synod.”

•

NOW Bylaw 4.1.1: The district needs either to include the parenthetical from Synod Bylaw 4.5.1,
“(legal, finance, investment, administration, etc.)” or conclude the sentence “consistent with Synod
Bylaw 4.5.1.”

•

NOW Bylaw 4.2.3: The commission renews its caution that the board not understand the proposed
language in such a way that it interferes with the president’s unique authorities and responsibilities
in the ecclesiastical supervision of the district’s membership, or his other duties as assigned by the
Constitution and Bylaws of the Synod, or to so absorb the president in other affairs that he has less
than the requisite time or resource for this primary work. The commission finds the revised
language, though, more acceptable than what was proposed before and—understood under the
above caveat—to be allowable.

Otherwise, the commission approves of the changes as proposed for presentation to the district convention.
In the above areas, the proposal is approved subject to the noted required revisions. The district and its
secretary are thanked for this submission and reminded to file with the Office of the Secretary, for the
commission’s records, a clean copy of the bylaws as finally adopted by the district in convention.
The commission also notes that the Articles of Incorporation of the Northwest District have not yet been
approved as revised to bring them into compliance with Bylaw 1.5.3.6 relationship language requirements
(the 1994 district articles do not satisfy this requirement, Op. 18-2664). The district is urged to address this
necessary work, consonant with the noted bylaw and 2016 Res. 9-02A.

CCM Minutes – April 8–9, 2022 – Page 91