LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — January 7, 2025, Page 3

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congregation to be represented but each congregation or parish. The overture also references a
pre-2019 form of the Constitution and the amendment it proposes would therefore be inapplicable
to the present Constitution of the Synod. The district convention will want to be aware of 2019 Res.
9-12, “To Clarify the Meaning of Parish as it Relates to Congregational Representation at District
Conventions and Election of the Synod President, and to Distinguish Assisting Capacity Pastoral
Calls,” and 9-05, “To Amend the Constitution to Address Individual Membership and Advisory
Representation,” and 2023 Res. 9-13 (not introduced), in which the floor committee recommended
declining Ov. 9-45 on the grounds that it would “change[] [the] balance of voters between lay and
clergy.” The district is also reminded that a constitutional change—which this would require—
requires congregational ratification as described in Const. Art. XV 3–4.
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To Amend Southeastern District Bylaw, Article VI, Duties of Officers re Allowing the District
President to Serve as a Pastor of a Congregation: The overture as conveyed does not seem to
indicate the change intended (perhaps a strikeout is lost). The commission understands the proposal
to be to strike the final sentence of SE Bylaw Art. VI 1, namely, “The President shall be a full-time,
salaried official of the District, and the President (except one called to fill an unexpired term of less
than 18 months) may not serve as a Pastor of a congregation.” As such it would be compatible with
the Constitution, Bylaws, and resolutions of the Synod. The district may wish to clarify in the bylaw
language whether it intends the president to be eligible only to an assisting capacity call, or to one
of more responsibility with a congregation (perhaps serving as a part-time district president).
Further, the commission notes a reference in the sixth whereas to the district president as “serving
as the chief executive office of the district.” He is the chief executive (Bylaw 4.4.1) but not chief
executive officer or office of the district.

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To Change the Size Requirements for Electoral Circuits in the Synod and To Change to a FourYear Convention Cycle: These overtures are possible to submit, though a related Synod convention
resolution would need to specify the former as a precise bylaw change (to Bylaw 3.1.2) and the
latter as a precise constitutional amendment (to Const. Art. VIII) together with appropriate bylaw
changes and enabling language.

The district is thanked for sending these materials for review and reminded to submit a clean copy of its
bylaws as amended after the convention, should any amendment take place. The commission notes that it
is not necessary for it to review overtures submitted to district conventions, unless they propose amendment
of district bylaws (among these four, only the second does). It appreciates the opportunity, nonetheless, to
review these, which propose actions touching on the Constitution and Bylaws of the Synod, and to offer
counsel to the district thereon.
79. Kansas District Bylaws, Proposed Revision, Revised (24-3033A)
By an email of December 5, the Secretary of the Kansas (KS) District forwarded for review a bylaw
proposal revised pursuant to the commission’s prior review in Op. 24-3033, along with a memorandum
explaining two areas identified by the commission on which the district is not planning to take action, both
related to language treating of committees:
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The district assigns additional functions to its board’s executive committee (formerly known as
“executive council,” drawing an analogy to congregational models), so that it functions as a
“coordinating agency” for the board. The committee thus functions in an advisory capacity (cf.
Bylaw 1.2.1 [g]) and in an executive one (Bylaw 1.5.3.2). The commission finds the term
“executive committee” clearer, as not excluding the executive function.

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The district uses the term “standing committees” in a fashion not uncommon but also not aligned
with the particular usage in Bylaw 1.5.3.4, where it refers to committees of professional or technical
specialists. The commission notes at Bylaw 3.2.6 and the corresponding vacancy appointment
provision 3.7.3 that appointment continues to be by the district president, with approval by the
CCM Minutes – January 7, 2025 – Page 55