LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — April 8–9, 2022, Page 6

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president’s decision to accept reports and overtures for consideration is not arbitrary but should be
limited to the conditions of Bylaw 3.1.6.2 and 3.1.6 (a) (see Bylaw 3.1.7). He has somewhat more
discretion in determining what is to be printed in the Convention Workbook (Bylaw 3.1.8 [a]). Late
overtures should also be dealt with. The commission suggests the district may wish to clarify as
follows: “All memorials or other like overtures to the dDistrict convention which, at the discretion
of the praesidium are to appear in print, shall be submitted in triplicate to the dDistrict pPresident
at least 90 days prior to the opening day of the dDistrict convention. Late overtures may be accepted
if adjudged by a committee consisting of the President, First Vice-President, and Secretary to be
matters of overriding importance and urgency not adequately covered by documents already before
the convention. The president shall determine on the basis of the criteria indicated in the Bylaws of
the Synod for handling of overtures which shall be accepted for consideration and assigned to floor
committees, and which of these shall be published in the Convention Workbook.”
•

MNS Bylaw 4.2.13.3 (b) should read “…one lay vote and, if not vacant, one pastoral vote.”

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MNS Bylaw 4.2.15.6 (f): the list of exclusions should include also circuit visitors.

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MNS Bylaw 4.3.5 (b): It should be specified, as it is above in (a), that these are “…three complete
successive 3-year terms…”

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MNS Bylaw 4.5.7 (d): The district may wish to make the following insertion, as suggested in Op.
20-2959A, to complete the incomplete recitation of the executive committee powers listed in Bylaw
1.5.3.2: “The executive committee shall act in times of emergency between plenary meetings and
in matters referred to it by the board of directors…”

•

MNS Bylaw 4.5.16: This has been limited to officers (as opposed to staff), which clarifies as
suggested in the previous opinion, but would as written include the district president. The
subsequent bylaw’s procedures, however, explicitly exclude the district president. The exclusion
of the district president should be explicit in 4.5.16.

•

MNS Bylaw 4.5.18.2.6–7: To be clear, this is simply a matter of advice and consultation as the
district remains, even in such circumstances, strictly advisory with respect to such matters of the
congregation’s self-governance.

With the above issues addressed, the commission finds the bylaw proposal as here presented to be in
harmony with the Constitution, Bylaws, and resolutions of the Synod and approves it for presentation to
the district convention. 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 Articles of Incorporation
and Bylaws as finally adopted by the convention and (in the case of the Articles) as filed with the State of
Minnesota.
125. Faculty Declaration of Qualification for First Call for Graduate of Respective Institution (222977)
By an email of January 11, a member congregation of the Synod requested an opinion of the commission
on the following questions, with regard to which, pursuant to Bylaw 3.9.2.2 (b), input was solicited from
the President of the Synod, the presidents of Synod universities and seminaries, the executive director of
the LCMS Office of Pastoral Education, and the president of the Concordia University System. The
commission replies as follows:
Background:
Synod Bylaw 2.7.1 provides:
A graduate of an authorized educational institution of the Synod must be declared qualified for a
first call and recommended by the faculty of the respective educational institution before the

CCM Minutes – April 8–9, 2022 – Page 93