LCMS Convention Workbook St. Louis, Missouri — 1973, Page 210

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210 CONSTITUTIONAL MATTERS

TI. Other Assignments

Other assignments which were also given to the com-
mittee include:

1. The Council of Presidents

2. The Commission on Constitutional Matters
3. Internal Communications
4

. Merging the Commission on Social Concerns with the
Board of Social Ministry and World Relief

. The Adjudicatory Process

6. The Council of Administrators and the Divisional
Structure

on

The Council of Presidents

The Milwaukee convention in Res. 5-21 (Proceedings,
1971, pp. 161—162) assigned the study of the role and func-
tion of the Council of Presidents to the committee. The
committee examined the overtures and the resolution, as
well as the references appearing in the synodical Constitu-
tion and Bylaws. Although the term “Council of Presidents”
does not appear in the Constitution, joint action of the Dis-
trict Presidents is indicated in several instances in the Con-
stitution and Bylaws.

The committee noted that the Districts comprise the
Synod in their respective geographical areas: that the office
of the District President is an extension of the office of the
synodical President: and that the District President is the
executive head of the District which elected him.

It appeared to the committee that the role of the Council
of Presidents, as historically carried out in our church, would
be one in which the Council exists in an advisory capacity
to the synodical President and that the Council of Presidents
would have the prerogative to offer suggestions to the Presi-
dent, assist the President in carrying out his duties and
would perform those duties which the Synod would pre-
scribe from time to time and allocate to it.

In view of these and other considerations, the commit-
tee therefore recommends to the New Orleans convention:

1. That the New Orleans convention delete the last sen-
tence of Bylaw 3.41 which reads:

The District Presidents, together with the President and Vice-
Presidents of the Synod, shall form the Council of Presidents.

2. That the New Orleans convention adopt a new Bylaw
Section 3.53 as follows:

3.53 Council of Presidents

The President, the Vice-Presidents of the Synod.
and the District Presidents shall form the Council
of Presidents. The Council shall meet:

a. To enable the President to advise and coun-
sel his representatives in the Districts:

b. To enable the District Presidents in turn to
give counsel to the President:

ec. To counsel with one another on matters re-
garding the doctrine and administration of the
Synod and its Districts;

d. To edify and support one another in the work
which they share:

e. To carry out such assignments as the Synod
may give to the council from time to time.

Commission on Constitional Matters

The Milwaukee convention in Res.5-17 (Proceedings.
1971, p.160) assigned to the committee several overtures
dealing with the Commission on Constitutional Matters.
These included the appointing authority. tenure of office,
and membership serving on additional boards and commis-
sions of the Synod and its Districts. The committee studied
all of these issues, checked for possible conflicts of interest.
considered the suggestions in the overture that the Council
of Presidents should appoint the commission and considered
whether it should be elected by the convention.

In response to the question of the limitation of terms of
the commission members, the committee concluded that there
was no valid reason why the term of office of these members
should terminate with each synodical convention in distinc-
tion to all other board and commission members as outlined
in 2.06. Good administration provides for continuation of
hold-over members on a board or commission, who are in
a position to give background and continuity to the work.

This appears to be particularly true on this commission. The
committee is of the opinion that membership of this commis-
sion should be by appointment by those who are directly
responsible to the Synod. As to membership, experience
does not indicate that a change its needed.

There appear to be no duties or responsibilities assigned
to the Secretary of the Synod which would be in conflict
with his service on this commission. On the contrary. the
very nature of his duties and responsibilities qualify him
as a valued member of the commission. An examination of
the functions and duties of the synodical Secretary in Ar-
ticle XI D and 2.39 reveals this.

In view of these considerations, the Committee on Or-
Zanization recommends to the New Orleans convention that
Bylaw 2.107a be revised to read:

The Commission on Constitutional Matters shall
be appointed by the President after consultation
with the Board of Directors. The commission shall
consist of five members: two pastors, two laymen,
at least one of whom shall be an attorney, and the
Secretary of the Synod. The President shall ap-
point one of the Vice-Presidents as an advisory
member.

Internal Communications

The Milwaukee convention in Res.5-11 (Proceedings.
1971, p.155) assigned to the Committee on Organization to
study the matter of internal communications. After the com-
mittee discussed this issue, it found that the Board of Di-
rectors, the Council of Administrators and the Department
of Public Relations also were working on this issue. Cog-
nizant of this. the committee deferred taking any further
action.

Synodical Service Commission

The Milwaukee convention in Res. 4-45 asked the com-
mittee to study various matters pertinent to the Synodical
Service Commission (Proceedings. 1971, p.151: Workbook.
1971. pp. 206,217). The committee reexamined the Milwau-
kee floor committee Res. 4-44 which had been proposed to
the convention, but which was not acted upon because of
lack of time. After consulting with commission personnel,
the committee concluded that it was difficult to define the
various levels of executive staff which should be included
in the commission's responsibilities in selecting candidates
and proposing them to the calling board. It realized that
even though there were various terminologies involved in
referring to such staff, accountability of the chief executive
of a given board or commission was directly to his calling
board which he served. Obviously. such executive positions
should fall under the purview of the commission. However,
the committee felt that any of the chief executives’ assistants
would not necessarily have to be processed and screened
by the Service Commission.

In view of these considerations. the committee recom-
mends to the New Orleans convention that the following
amendments be made in the Bylaws:

1. Bylaw 2.103 ¢ 4:

4. Certify, after having examined the qualifica-
tions of all nominees in the light of the specifica-
tions of the position, at least three nominees as
candidates to the appointing authority. It shall
secure the approval of the President for each nom-
inee. The appointing authority may then select one
of the nominees or call for a new slate of nominees.

2. Bylaw 2.103 b:

b. Functions. The commission shall function in
the selection of all chief executive officers who are
directly accountable to the synodical boards and
commissions. Its services may be called on in the
selection of other executive secretaries of synodical
boards and commissions and of district executive
secretaries.

The committee further recommends that the present By-
law 2.103c 5 should be removed from this location and
added to 2.101 b, Personnel Department, as a new paragraph
3, transferring the present paragraph 3 to become the fourth,
etc. The recommended wording of 2.101b 3 reads:

3. Provide the Synodical Service Commission
with technical assistance.