Restructuring: “The concerns you raise are a non-issue.”

A reader of this blog submitted a note that purported to address the concerns I had raised in Restructuring: Emergency Stop. I’m quoting the author’s material as written, though I’ve re-arranged the content a bit for clarity. Per my correspondence policy the identity of the author will remain confidential.

It would be impractical if the BOD had to wait for convention every 4 years to make decisions on filling organizational positions.

I agree, and one surmises that’s why the 2017 Synodical documents made provision for filling vacancies in the circuit counselor and various committee positions.

By the same token, when a similar process is missing for the Regional Pastor position, neither Synod in convention nor the BOD can change that without following the amending process found in the Synodical Documents. And when the 2017 Bylaws explicitly state that elections for Regional Pastors take place at the 2021 Convention that means that Synod cannot hold elections for those positions before then, and that nullifies Resolution 17.1.04a.

Article 12.02 of the statutory bylaws provides the BOD with all the powers of the convention meaning the BOD can elect/appoint regional pastors between conventions.

The BOD – like Synod in convention – has a lot of power, but that power is not without limits. This limitation is clearly stated in 12.01 Authority of the Board which states:

12.01 The activities and affairs of LCC shall be managed by the Board, subject to the provisions of the Synodical Constitution and Synodical Bylaws.

This means that the BOD can only act within the bounds established by the Constitution and Bylaws. If those documents make no provision for early elections or filling vacancies then the BOD’s hands are tied and Synod is stuck until Synod in convention changes the rules.

12.02 During the intervals between Conventions, the Board shall possess and may exercise (subject to any restrictions which the Convention may from time to time make) all of the powers of the Convention (save and except only such powers as are given to the president and such powers as Synodical Constitution or Synodical Bylaws states must be performed by the Convention itself) in such manner as the Board may deem best in the interest of LCC in all cases in which specific direction shall not have been given by the Convention. All actions of the Board shall be reported to the Convention next succeeding such actions, and shall be subject to revision or alteration by the Convention; provided that no acts or rights of third parties shall be affected or invalidated by any such revision or alteration.

Synod in convention passed Bylaws which were quite specific about the way Regional Pastors are placed into their position and only Synod in convention can change that. The BOD has no authority to change that process or implement one of their own outside of  Synod’s established processes.

The concerns you raise are a non-issue.

I’m open to being corrected and I sincerely hope there’s a way out of this mess. Unfortunately nothing in Article XII provides Synod with an ‘escape hatch’ from the current situation.

Thank you for writing and I invite anyone reading this blog that has a question or opinion they’d like to see discussed to drop me a note.

SDG

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