LCMS Convention Workbook St. Louis, Missouri — 1975, Page 208

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208 CONSTITUTIONAL MATTERS

I. Referred Resolutions

Part I of the Committee's Report addresses itself to those
resolutions which were transferred to the Board of Directors
in New Orleans, Omnibus Res. 4-47 entitled “To Refer Unfin-
ished Business,’ and some of which were then subsequently
referred to the committee by the board. Here are the commit-
tee’s recommendations to the Anaheim convention on the in-
dividual referred resolutions:

1, Res. 5-16 Concerning the Legislative Process

The committee examined the original Overture 5-08 with all
of its ramifications. presented to the New Orleans convention
(Workbook. 1973, p. 215) and considered this in conjunction with
those elements dealing with the establishment of an interim
legislative body, the various synodical boards and agencies
responsible to the synodical convention, the possibility of
establishing a “church council” and upgrading the circuits.
The committee concluded that the 1973 New Orleans convention
had adequately dealt with the frequency of the convention cycle
and has under consideration the validity of the other concerns
in Overture 5-08: it therefore recommends to the Anaheim con-
vention that it adopt New Orleans Res. 5-16 | Proceedings. 1973,
p. 169), thereby declining Overture 5-08.

2. Res. 5-09 Concerning Executive Administration

Even though New Orleans Res. 5-09 '‘Proceedinys. 1973, p.
167) was not adopted in the form in which the Floor Committee
recommended it for adoption at New Orleans, the committee
ascertained that some of the aspects of this resolution, namely
point 1 tre Bylaw 2.27 a) and point 4 (re By-law 2.175 al) already
had been adopted in other resolutions. This Jeft only points 2 and
3 unresolved.

The committee therefore recommends to the Anaheim con-
vention the adoption of the following resolution:

“WHEREAS. All of the provisions of New Orleans Res. 5-09
have already been adopted with the exception that the President
serve as chairman of the Board of Directors, which he has been
doing traditionally, and in order to provide for consistency:
therefore be it

“Resolved. That Bylaw 2.271 be amended to read: ‘The Presi-
dent shall serve as a member and chairman of the Board of
Directors’: and be it further

“Resolved. That Bylaw 2.75 be amended to read: ‘The Presi-
dent of the Synod shall serve as chairman of the Board of Direc-
tors, and the Secretary of the Synod shall serve as its secretary.
The board shall elect its own vice-chairman and such other
officers as may be necessary.’ "

3. Res. 5-14 and 5-15 Voting Rights

The Committee for Reorganization had originally recom-
mended the adoption of New Orleans Res. 5-14 because of its
extensive work done on this issue prior to New Orleans. Its
assignment had been based on several overtures which had
been presented to the Milwaukee convention in 1971. The sug-
gestions at that time included:

1. To arrange for a more equitable distribution of delegates
among the Districts:

2. To permit larger congregations to have several lay votes:

3. To give a lay vote to the second and third congregations
in a dual or multiple parish:

4. To grant the vote to campus pastors and other pastors
currently qualified only as advisory delegates without vote

These questions deal with the broader subject of the fran-
chise at synodical conventions. In reaching its conclusions. the
committee took into consideration:

1. That the Synod is primarily an association of congrega-
uons which have joined together in order to achieve certain
objectives. Therefore the membership of the Synod consists
first of all of congregations. The vote at synodical conventions
is held by them. Pastors and teachers who join the Synod are
also accorded membership, but this may be regarded as a
professional membership, distinct from the voting membership
held by the congregation (see Art. V).

2. That, when the Constitution defines voting membership in
Article V A, it emphasizes that “every congregation or parish

is entitled to two votes” at the District conventions, “one of
which is to be cast by the pastor and the other by the lay dele-
gate.’ At synodical conventions a number of congregations
comprise an electoral circuit, again represented by two voting
delegates, one a pastoral and one a lay delegate.

3. From this it follows that each congregation has two votes,
one pastoral and the other lay. Thus, if two or more associate
pastors serve a congregation, it determines which pastor shall
exercise its pastoral vote at a District convention. Similarly, in
the election of delegates to the synodical convention, the repre-
sentatives of the congregations determine which pastor in the
circuit will represent the congregations of the circuit.

The pastors in the circuit do not choose one of their number
to represent them.

It is understandable that sentiment may be strong to grant
additional lay votes to the larger congregations, but this would
destroy the delegate balance of one lay and one pastoral vote
residing in the congregation as provided in the Constitution.

After carefully weighing all of the suggestions offered and
evaluating them in terms of the above principles, the committee
recommends for adoption to the Anaheim convention both
referred Resolutions 5-14 and 5-15 (Proceedings. 1973, pp. 168 —
69).

4. Res. 5-19 Regulations re District Secretary

New Orleans Overture 5-59 (Workbook. 1973, p. 227) asked
that the office of District Secretary “should be made open to
teachers and lay people, as well as to the clergy.” The Floor
Committee at New Orleans, in Res. 5-19, recommended that the
overture be declined, but the resolution was not adopted at that
convention for lack of time. Thus it, too, was referred to the
Board of Directors in Omnibus Res. 4-47 and to this committee.
The committee reviewed the overture and the proposed resolu-
tion and recommends to the Anaheim convention that it adopt
New Orleans Res. 5-19, thereby declining Overture 5-59 | Pro-
ceedings, 1973, p. 170).

5. Res. 5-11 Discretion in Overtures

This is another resolution which dates back to the Milwaukee
convention and pertains to granting discretion of certain synod-
ical officers in the acceptance of overtures on social, political,
and economic subjects. Already at Milwaukee, Res. 5-45 could
not be adopted for lack of time. It was subsequently referred to
this committee, which reported to the New Orleans convention
that Milwaukee Overture 5-29 should be declined since Bylaw
1.27 ¢ adequately answered the question. Now the same resolu-
tion, for lack of time at New Orleans. was referred back to this
committee. The committee reviewed it for the second time, and
reiterates its 1973 position znd proposes to the Anaheim conven-
tion that it adopt New Orleans Res. 5-11 (Proceedings. 1973.
p. 167).

6. Res. 4-36 Advising President

Overture 4-46 suggested to the New Orleans convention that
it adopt a resolution encouraging the President to appoint
members to committees from all parts of the country and with
varying theological viewpoints. The Floor Committee formulated
Res. 4-36 in response, suggesting that the overture be declined.
The committee reviewed both the resolution and the overture
and recommends that the Anaheim convention adopt New
Orleans Res. 4-36 (Proceedings. 1973, p. 158).

7. Res. 5-20 Tenure of Elected Officers

The resolution, based on New Orleans Overture 5-58 ( Work-
buok, 1973, p. 227) asked that the tenure of the elected officers
of the Synod be limited to two successive 4-year terms. The
New Orleans Floor Committee proposed Res. 5-20 in order to
decline the overture. Lack of time, however, prevented the
resolution from coming before the convention, and consequently
it too was referred to this committee. The committee therefore
recommends to the Anaheim convention that Res. 5-20 be
adopted.

At the same time the committee presents an additional resolu-
tion providing for a universal retirement age for all offices,
positions, and professorships salaried by the Synod. The
recommendation is based further on the committee’s assign-
ment in Res. 4-30, ‘‘To Modify Provision of Retirement Policies”
(Proceedings. 1973, p. 157). Because the convention did not have
sufficient time to pursue this matter further, this resolution was
referred to the Board of Directors. The committee remained in