LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — February 1, 1985, Page 2

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teacher representative again. The Commission stated that only the matter of successive terms was
addressed by Bylaw 2.59, without reference to the capacity in which a member serves those terms. Since
the matter is not addressed in the Bylaws, if a member has served the permissible number of terms, he is
no longer eligible for reelection.
88. Election of Corporate Officers (Ag. 1719): The chairman of the Constitution Committee of the
California-Nevada-Hawaii District had asked whether it was permissible for an elected Board of Elders to
appoint officers of a congregation. The Commission ratified the response of the Secretary which quoted a
previous ruling of the Commission, stating that "absent persuasive evidence to the contrary, the corporate
officers should be elected" since they are responsible to the corporation.
89. Women Officers in Congregation (Ag. 1717): The chairman of the Constitutions Committee of the
Nebraska District had asked the Commission for a ruling regarding the eligibility of women for service as
officers of a congregation. The Commission ratified the response of the Secretary which included a
resolution of the Synod regarding this matter, as well as an opinion expressed by the Commission and
later ratified by a synodical convention. That position is stated in the document "Guidelines for the
Constitution of a Congregation."
90. Eligibility for District Office and Board Membership (Ag. 1715): The Rocky Mountain District had
asked the Commission to provide an opinion regarding an enabling resolution which would deal with the
election of persons whose terms would exceed the nine years allowable by the district if elected at the
next convention. The Commission ratified the response of the Secretary which indicated that persons
whose terms would exceed the maximum number would indeed be ineligible. However, it also noted that
the national convention had carved out exceptions and had urged the Nominations Committee to present a
resolution to the 1986 convention to clarify the matter. An enabling resolution adopted by the district
would therefore be in order.
91. Voting Membership Under Age 18 (Ag. 1732): The question had been asked whether a congregation
might grant voting membership to confirmed members under the age of 18. The Commission ratified the
response of the Secretary which stated that, "Since the congregation is autonomous, it has the right to
stipulate the qualifications for those who hold voting membership. A congregation may grant voting
rights to confirmed members under the age of 18 if it should wish to do so. However, the congregation
was reminded that individual states may have legal requirements which must be met by groups
incorporated in the state, and for that reason it is best to consult an attorney who can advise the
congregation of any legal age requirements which must be set for valid and legal decisions of the voters
assembly.
92. Tie, Circuit Counselor Nomination (Ag. 1733): Numerous oral requests had been received for
clarification of procedures to be followed in the case of a tie for the nomination of circuit counselors. The
Secretary reported that he had responded to such requests by urging circuits to vote once again, if
possible. It was also pointed out that a majority vote is to be considered on the basis of the majority of
votes cast rather than a majority of congregations within the circuit. It was further pointed out that
districts have the option of adding to the slate of nominees at a district convention. The Commission
agreed with these responses. An absolute tie in nominations may be broken by the toss of a coin or
selection by the President of the district or its Board of Directors.
93. Lay Delegate at District Convention, Congregation or Parish (Ex. Ag. 1734) : A number of district
presidents had asked whether there was a conflict between Article V of the Constitution which - states
that, "At the meetings of the districts of the Synod every congregation or parish is entitled to two votes;
one of which is to be cast by the pastor and the other by the lay delegate," and Bylaw 3.23 which states
that, "The delegates of a voting congregation shall stand accredited and entitled to vote . . ." In response,