To Amend Bylaws to Provide Clarity for Cross-Circuit and Cross-District Multi-Congregation Parishes

Preamble The 2019 Synod convention labored significantly to clarify the representation of multi-congregation parishes in Resolution 9-05, “To Amendthe Constitution to Address Individual Membership and Advisory Representation”; Res. 9-08, “To Amend Bylaws to Clarify Multi-congregation Parish Representation at the Circuit Forum”; and 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.” These resolutions had the following principal relevant effects:

• Themulti-congregationparishnowhasaclear definition and clear and consistent representational expectations: “Thetotal number of congregations regularly cared for (served) by a pastor or pastors constitutes a parish as it applies to bylaws dealing with representation at circuit forums (Bylaws 3.1.2.1 [c]; 5.3.2) and district conventions (Bylaw 4.2.2; Const. Art. XII 10 A), and in voting for the Synod President (Bylaw

3.12.2.3).” (Bylaw 2.5.5)

• Congregations of a multi-congregation parish other than the one supplying the district convention voting lay delegate may send an advisory/non-voting lay delegate to the district convention.

• Multi-congregation parishes are now represented at circuit forums by one pastor and one voting lay representative (lay representatives of congregations other than the one supplying the voting lay delegate are possible, but advisory/non-voting). Previously each congregation got a voting lay delegate. The convention’s new bylaws did not, however, provide clarity about which district conventions and circuits these representatives and delegates attend when multi-congregation parishes cross circuit and/or district lines. While the several congregations of a multi- congregation parish reside ideally within one visitation circuit, this is not necessarily the case. Congregations of one parish may belong to distinct visitation/electoral circuits and even different districts. As of March 5, 2021, records appear to indicate 13 parishes involving congregations from more than one district:

• Four established cross-district parishes involving a non- geographic district and a geographic one;

• Seven established cross-district parishes involving two geographic districts; and

• Two apparent but not recorded cross-district parishes involving two geographic districts. In addition, there appear to be 63 additional parishes (all of the above, of course, naturally involve multiple circuits and are not included in the counts below) that involve congregations from more than one visitation circuit:

• 38 established parishes (including two triples and a quad) involving two visitation circuits each; and

• 12 apparent but not recorded parishes involving two visitation circuits. Bylaws are presently silent as to how congregations involved in such situations are to be represented at district conventions and electoral and visitation circuit meetings. The Commission on Constitutional Matters (CCM) has from time to time been called upon to opine on questions of representation for such parishes and has reached a variety of conclusions on the basis of various principles and inferences. Of these, the following are held at present:

• No parish divided across circuit or district lines is entitled to additional representation on account of the division (i.e., each parish gets one pastoral and one lay vote and garners no additional votes in the “other” circuits or districts in which it may be involved).

• No pastor, due to a multi-congregation parish involving multiple districts, votes in the convention of a district in which he himself is not a member (CCM Op. 11-2618). (But cf. Bylaws 2.12.1–2 and following) In CCM Op. 11-2618, the commission opined: “When a parish crosses district lines, it is nonetheless entitled to representation at district conventions by one pastor and one lay member. The pastor is a voting delegate to the convention of the district of which he is a member. The lay vote is shared by the congregations as in any other parish, presumably in a manner that is fair and equitable. The district membership of the congregation of the lay delegate determines the district convention that he/she will attend as a voting delegate.”[Previously, in Ag.1959 (Oct. 16,1993),the commission had ruled: “Because two districts would be involved in the circumstances described, because the congregation cannot be deprived of its vote, and because the matters under consideration vary from district to district (including also elections), each congregation would have a lay vote in the respective district in which the congregation holds membership.” Before that, Apr. 23– 24, 1970, the commission in an unnumbered opinion indicated that the lay delegate of such a parish would vote in the same district as the pastor, even if the congregation to which he belongs is of the other district.] The Commission on Handbook has proposed the following bylaw amendments (Item 19-019), consistent with the above guidance from currently standing CCM opinions, which will make clear how cross-circuit and cross-district multi-congregation parishes are to be represented at circuit forums and district conventions. These will provide clarity, with regard to important representational processes, to the not insignificant and increasing number of member congregations, circuits, and districts involved in such situations, without reference to CCM opinions external to the Handbook.

A. WITH REGARD TO DISTRICT CONVENTIONS

Rationale At the district level, the sense of existing CCM Op. 11-2618 may simply be implemented in the bylaw treating accreditation of delegates, which already mentions a “multi-congregation parish.” Therefore be it

Resolved, That Bylaw 4.2.2 be amended as follows:

PRESENT/PROPOSED WORDING 4.2 District Conventions …

4.2.2 The delegates of a voting congregation or multi- congregation parish to a district convention shall be accredited.

(a) To be entitled to vote, delegates shall return the proper credentials provided by the district secretary and signed by two of the congregation’s officers, either by mailing them to the district office at a date determined by the district or by presenting them to the district secretary at the opening of the convention.

(b) All duly elected voting delegates shall attend all sessions of the convention regularly until the close of the convention.

(c) Should a multi-congregation parish involve congregations having membership in different districts, the pastoral delegate shall be accredited in the convention of the district in which he holds membership and lay delegates, voting and advisory, shall be accredited in the convention of the district in which each delegate’s respective congregation holds membership. No multi- congregation parish is entitled to more than one pastoral and one lay voting delegate because of its inclusion of congregations from different districts.

B. WITH REGARD TO VISITATION CIRCUITS

Rationale While any number of arbitrary rules could be applied, the following seemed to the commission the simplest, most readily applicable, and most aligned with the role of the circuit visitor as assistant and representative of a particular district president (Bylaws 5.2.3–

5.2.3.1): At the visitation circuit level, lay representatives attend the circuit of which their respective congregations are members; the pastor attends that circuit (of those to which belong the congregations he serves, and within his own district only) to which he is assigned by his district president. Therefore be it

Resolved, That Bylaw 5.3.2 be amended as follows:

PRESENT/PROPOSED WORDING 5.3 Circuit Forums …

5.3.2 The circuit forum consists of one pastor and one layperson from each member congregation or multi-congregation parish designated by the congregation or parish. Congregations of a multi- congregation parish not contributing a lay voter may send an advisory representative, with voice but no vote. …

(d) Should a multi-congregation parish involve congregations having membership in different visitation circuits, each lay representative, voting and advisory, shall attend the forum of the circuit of which the representative’s congregation is a member. The pastoral representative shall attend the forum of that circuit, within which he serves a congregation and within the district in which he holds membership, to which he is assigned by his district president. No multi-congregation parish is entitled to more than one pastoral and one lay voting representative because of its inclusion of congregations from different visitation circuits.

C. WITH REGARD TO ELECTORAL CIRCUITS

Rationale At the electoral circuit level, the same rule is proposed (with regard to the pastor, his assignment to a visitation circuit will dictate his assignment to an electoral circuit). It is important to note that this impacts his eligibility to serve as circuit delegate. Therefore be it

Resolved, That Bylaw 3.1.2.1 be amended as follows:

PRESENT/PROPOSED WORDING Voting Delegates …

3.1.2.1 Elections of voting delegates shall take place in accordance with established policy and procedure.

(a) Each electoral circuit shall meet at the call of the circuit visitor(s) to elect its delegates not later than nine months prior to the opening day of the convention. When in-person meetings are burdensome (e.g., geographically large circuits), a circuit may select another manner of meeting (e.g., e-meeting technologies) that is suitable and made available to all participants, taking into consideration the need to provide for an open and fair exchange of ideas and secure, private, and confidential voting.

(b) Each electoral circuit may adopt procedures and methods that will insure efficiency and accuracy, including the use of mechanical, electronic, or other methods of casting, recording, or tabulating votes.

(c) The privilege of voting shall be exercised by one pastor and one layperson from each member congregation or multi- congregation parish of the circuit, both of whom shall have been elected in the manner prescribed by the congregation or parish. Congregations of a multi-congregation parish not contributing a lay voter may send an advisory representative, with voice but no vote. A pastor serving a congregation in an assisting capacity (Bylaw 2.5.6) is not eligible to cast that congregation’s pastoral vote.

(d) Should a multi-congregation parish involve congregations having membership in different electoral circuits, each lay representative, voting and advisory, shall attend the forum of that circuit of which the representative’s congregation is a member. The pastoral delegate shall attend the forum of the circuit, within which he serves a congregation and within the district in which he holds membership, to which he is assigned by his district president. His eligibility for election as circuit delegate shall be within that circuit only. No multi-congregation parish is entitled to more than one pastoral and one lay voting representative because of its inclusion of congregations from different electoral circuits. No circuit shall elect as a lay delegate or alternate a member of any congregation that is served (in other than an assisting capacity) by a pastor elected as delegate or alternate. (de) … (etc.)