To Amend Constitution Article XII 15 as to Call of Special District Conventions

Rationale In its periodic review of various district bylaws, the Commission on Constitutional Matters (CCM, minutes of April 8–9, 2022) has noted the following:

• Bylaw1.5.8.1, introduced by2016 Res. 12-11, “To Establish a Procedure Based on Article XI A 2 for Removal from Office of Officers of the Synod or a District (other than the Synod or a District President),” provides a procedure for removal of such officers, to the noted exclusion of the Synod or district president.

• District bylaws typically contain provisions for a finding of temporary inability of a district president to serve (generally modeled on Bylaw 3.3.1.4) and sometimes attempt to conceive a procedure, in addition to the inapplicable one in Bylaw 1.5.8.1, to handle the removal of a district president from office for cause. Such a proposal necessarily treads on difficult ground, as the limitations on a board of directors’ authority (its dealing, generally, with legal and property matters, Bylaw 4.5.1, and not extending to supervision of the district president’s ecclesiastical duties) raise questions about whether it would be the appropriate body to act, and on what basis.

• Perhaps the most natural option for a district to remove its president from office, without his being removed first from the roster of the Synod under Bylaw section 2.15, would be by the calling of a special convention to deal with the matter, as (Const. Art. XI A 2) “[t]he Synod at all times has the right to call its officers to account and, if circumstances require it, to remove them from office in accordance with Christian procedure” (cited in “CCM Opinion re Removal of District Presidents from Office, Ag. 729, minutes of Feb. 21–22, 1975).Atthe Synod level,aspecialsessionoftheconvention may be called “by three-fourths of the district presidents without the consent of the President” (Article VIII B 2), but there is no obvious alternative to the district president as “convener” of a special session of a district in Const. Art. XII 15. This presents something of aconundrumon the district level, should adistrictfindthatitneedstocallitspresidenttoaccountanddirectly remove him from office for cause in a circumstance where removal from the roster of the Synod (which would trigger his removal from office) is not called for. The CCM referred this matter to the Commission on Handbook (COH) and the two, through the Secretary, initiated discussion of the matter by the Council of Presidents, a discussion that resulted in no proposal. The COH finds it incongruous with the provisions of Const. Art. XI A 1–4 that a district president might be able to prevent the body from convening that might call him urgently to give account of his stewardship. There being no other explicit means (other than the President of the Synod invoking the procedure of Bylaw section 2.15 to remove the district president from the roster of the Synod and, there by, from office) for this to occur, the COH presents the following constitutional amendment, which would allow the congregations of a district, acting through their circuits,tocallaspecialconventionoftheirdistrictinamanner similar to the ability of three-fourths of the district presidents, in a case of urgent necessity, to call a special Synod convention without the consent of the President (Const. Art. VIII B 2), which reads: Article VIII Synodical Meetings … B. Special Sessions of the Synod … President with the consent of two-thirds of the district presidents or by three-fourths of the district presidents without the consent of the President; however, all congregations and other members of the Synod must be notified 30 days in advance and told for what purpose this extra meeting is being convened. As this would be a constitutional amendment, subsequent ratification by the congregations is required under Const. Art. XV 4. Therefore be it

Resolved, That Constitution Article XII 15 be amended as follows: PRESENT/PROPOSED WORDING Article XII Districts of the Synod and Their Regulation … 15.In cases of urgent necessity a special session of the district may be called by the district president is empowered to convene special sessions of his district; he must, however, previously have obtained with the consent of at least a majority of the voting members of the district or by circuit forums in three-fourths of the circuits of the district without the consent of the district president after having informed them; however,all congregations and other members of the district and the President of the Synod must be notified 30 days in advance and told for what of the purpose of the this intended special session extra meeting is being convened.

and be it further

Resolved, That the above amendment be submitted, according to Const. Art. XV 4, to the congregations of the Synod for ratification.