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LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — September 14, 1999, Page 1

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Source: LCMS Commission on Constitutional Matters minutes, file copy

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In a May 14, 1999 mailing the Northwest District submitted its rewrite of its Bylaws for review by the
Commission as required by Bylaw 4.07, b. After study and discussion, the Commission recommended the
following changes to the District:
•

On page 4, paragraph 2.5.4 is incorrect in stating that “each Circuit shall elect a Circuit Counselor.”
Circuits participate in a voting process to place names before the District convention, but it is the
convention that elects Circuit Counselors.

•

On page 5, paragraph 3.1.2 states that the District convention delegates elect five Vice-Presidents in
addition to the First Vice-President. For the sake of consistency and clarity those Vice-Presidents beyond
the First Vice-President should be referred to as “regional” Vice-Presidents.

•

On page 5, paragraph 3.1.2 states that the District convention delegates elect three members of the
District Nominating Committee. Later, paragraph 3.2.1 defines the District Nominating Committee as
having a total of six persons, without explanation as to how the other three members of the committee are
determined. Therefore the paragraphs pertaining to the District Nominating Committee are not in
agreement. If three are to be elected by the District convention, then three must be the number in
paragraph 3.2.1. If six are to serve as stated in current paragraph 3.2.1, then that is the number that should
be designated in 3.1.2. All members of the Nominating Committee are to be elected by the District
convention (Bylaw 4.121 of the Synod’s Handbook).

•

On page 5, paragraph 3.3.1 stipulates that nominations for the offices of President and VicePresidents are to be made by procedures contained in the synodical Handbook. The Handbook does not
set forth such procedures for Districts, but allows Districts to adopt their own regulations in this regard, to
be spelled out in the District’s Bylaws. Much the same can be said about paragraph 3.4.4 which likewise
calls for the election of certain District officers according to procedures in the synodical Handbook.

•

On page 5, paragraph 3.3.3 allows congregations to nominate what apparently are regional VicePresidents from regional pastoral conferences. The District is advocating electing five Vice-Presidents
from five regions. This would violate Bylaw 5.61 of Synod’s Handbook, which allows a maximum of
four major sections in a District.
Options that might be considered: (1) Remain with four regional Vice-Presidents using the process
described in paragraph 3.3.3; or (2) follow the same process as is used in the election of Circuit
Counselors to nominate five Vice-Presidents according to five geographical divisions determined by the
District for this purpose.

•

On page 5, paragraphs 3.3.5 and 3.3.6 should be omitted, since this procedure is already set forth in
Synod’s Bylaws and because these paragraphs do not accurately reflect the content of Synod’s Bylaws.

•

On page 8, paragraph 5.5.1 names the corporate officers of the District and includes the District
Staff Business Manager. The question arises as to whether state law permits a non-elected person to serve
in a corporate officer position.

•

n page 9, paragraph 6.1 does not specify the areas for which provisions are to be made according to
Bylaw 4.9.7 in Synod’s Handbook. It would be well to list the areas listed in Synod’s Handbook and then
provide for additional ad hoc boards and commissions as the need arises.

55. Definition of “Professional Church Worker” (99-2155)
The Chairman of Synod’s Commission on Ministerial Growth and Support in a June 16 letter requested the
CCM’s opinion on how the Synod’s Bylaws define the phrase, “professional church worker.” He added: