Report of the Bylaws Committee
Synod Assembly 2025
This report is in two sections:
- Proposed amendments of the Constitution of the West Virginia-Western Maryland Synod — 5 amendments
- Proposed Amendment of the Bylaws of the West Virginia-Western Maryland Synod — 17 amendments
Proposed amendments of the Constitution of the West Virginia-Western Maryland Synod
†S18.13(b). [Other amendments to this constitution may be adopted by this synod through either of the following procedures:] The Synod Council may propose an amendment, with notice to be sent to the congregations of this synod at least six months prior to the next regular meeting of the Synod Assembly. Such an amendment shall require for adoption a two-thirds vote of the voting members present and voting at such a regular meeting of the Synod Assembly. All such amendments shall become effective upon ratification by the Churchwide Assembly or by the Church Council.
The Bylaws Committee (at the time The Rt. Rev. Matthew Riegel, Brian Crawford, and Laurel Muhly-Alexander) prepared the following proposed amendments to the Constitution of the West Virginia-Western Maryland Synod in August 2024. These proposed amendments were endorsed by Synod Council and notice delivered as required. Each provision is accompanied by explanatory material (that is not to be considered part of the proposed amendments).
- The provision to be amended is in bold.
- The explanatory material is indented.
- Italic indicates a proposed insertion of text.
Strikethroughindicates a proposed deletion of text.
Recommendation #1
†S3.01. The territory of this synod, as determined by the Churchwide Assembly, shall be: the state of West Virginia; the county of Garrett in the State of Maryland; the congregation Mount Calvary, Allegany County, and the congregations Holy Trinity Memorial and Salem in Washington County in the state of Maryland; and the congregation Fairview, Frederick County, in the state of Virginia.
Rationale: Even though †S3.01 is a required provision, we are expected to change the text to match whatever the reality is. The congregations struck have closed.
Recommendation #2
S7.24. Ministers under call on the rosters of this synod shall remain as members of the Synod Assembly so long as they remain under call and so long as their names appear on the rosters of this synod. Lay voting members elected by their congregations shall continue to serve until their resignation from the Synod Assembly, replacement by their congregation, or disqualification by suspension or termination of voting membership in their congregation. Other lay voting members shall continue to serve until the opening of the next regular synod assembly. Lay members of the Synod Assembly representing congregations shall continue as such until replaced by the election of new members or until they have been disqualified by termination of membership. Normally, congregations will hold elections prior to each regular meeting of the Synod Assembly.
Rationale: The committee recommends striking the elements dealing with the congregations normally electing prior to assembly as the synod has no control over this, and election by congregational meeting is not taking place in a great number of our congregations. The rest of the provision clarifies the duration of service.
Recommendation #3
S7.30. This synod may establish processes through the Synod Council to grant an interim pastor not otherwise enfranchised the privilege of voice in the Synod Assembly during the period of that minister’s service as an interim pastor of a congregation of this synod.
Rationale: We currently have no constitutional authorization for granting voice to those pastors who are rostered in other synods or other judicatories but serving as an interim one of our synod’s congregations. One might argue that such pastors should have vote as well, but as such a pastor is on the roster of another synod; enfranchising would constitute dual suffrage.
Recommendation #4
S9.11. The Synod Council shall establish a process to elect or appoint representatives to the steering committee of its region.
Rationale: Currently, the members of the Region 8 Steering Committee, as requested by the Steering Committee, are the bishops and vice presidents of the synods. This change would allow the creation of a continuing resolution by Synod Council to confirm this practice and dispense with annual election/appointment.
Recommendation #5
S10.09. A majority of the members, excluding the youth member, of the Synod Council shall constitute a quorum.
Rationale: After extensive study and failure to secure relief from the Church Council of the ELCA, the change in quorum is proposed to address chronic absenteeism and its negative impact upon the securing of quorum. Our youth members are frequently committed to extracurricular activities connected with their respective high schools, activities which take precedence in their lives. While the church may want youth participation in its deliberations and governance, such cannot be compelled. The proposed amendment does not remove the youth seat on Synod Council, but it does provide relief in terms of the securing of a quorum.
Proposed Amendment of the Bylaws of the West Virginia-Western Maryland Synod
†S18.21. This synod may adopt bylaws not in conflict with this constitution or with the constitution and bylaws of the churchwide organization. This synod may amend its bylaws at any meeting of the Synod Assembly by a two-thirds vote of voting members of the assembly present and voting. Newly adopted bylaws and amendments to existing bylaws shall be reported to the secretary of this church.
The Bylaws Committee proposes the following amendments to the Bylaws of the West Virginia-Western Maryland Synod. Each provision is accompanied by explanatory material (that is not to be considered part of the proposed amendments).
- The provision to be amended is in bold.
- The explanatory material is indented.
- Italic indicates a proposed insertion of text.
Strikethroughindicates a proposed deletion of text.
Recommendation #1
B7.02. The synod assembly registrar shall prepare in advance of any assembly the roster of voting and advisory members, delivering copies thereof to the secretary and the Committee on Registration and Attendance. The secretary of the synod shall prepare in advance of any assembly the roster of the synod, delivering a copy thereof to the Committee on Registration and Attendance. The secretary shall list as voting members those persons whose credentials have been sent by the congregations.
Rationale: Amends the provision to reflect reality. The roster of voting members has been prepared by synod office staff since at least 1994 if not from the founding of the current synod. The last several years, we have used a registrar, and this has proved effective.
Recommendation #2
B7.05. Every congregation shall have the right to memorialize the assembly of this synod on subjects affecting its own welfare and legitimate interests.
Rationale: Removes limitation. For most of the history of the synod, congregations were allowed to memorialize Synod Assembly on matters affecting their own welfare while conferences could address matters affecting the whole church. This is a vestigial rule from the days when the congregations of this synod were part of a much larger synod. The limitations were designed to protect the assembly from being flooded with memorials. As this synod has no conference at this point with the standing to submit memorials and the number of congregations being only fifty-three, removal of constraints considered unnecessary by this committee is proposed.
Recommendation #3
B7.08. All retired clergy ordained ministers on the roster of this synod in attendance at the Synod Assembly shall be voting members provided that the voting membership of the Assembly is still 60% laypersons.
Rationale: In other provisions, a change from pastor to clergy is being recommended. This change from ordained ministers to clergy is being recommended for internal consistency. Clergy includes deacons, pastors, and bishops.
Recommendation #4
B7.09. Each congregation of the synod shall be apportioned two (2) lay voting members in the Synod Assembly.
Rationale: Codifies longstanding practice. †S7.21(b) indicates minimums: one lay voting member for congregations with fewer than 175 baptized and two lay voting members for congregations with a least 175 baptized.
Recommendation #5
B7.16. A resolution of a general character which is not germane to the pending question or report shall be given by the sponsor proposer to a Committee of Reference and Counsel, which shall report thereon to the assembly with its recommendations. Other duties of the committee shall be (a) to recommend special orders for the hearing of representatives, (b) to grant or deny permission to distribute printed matter not issuing from the office of the secretary and © to give such assistance to the bishop as may be desired in the course of the assembly.
Rationale: Improved word choice.
Recommendation #6
B7.18. Voting members shall not absent themselves from any meeting of the assembly without valid excuse.
Rationale: To be struck for lack of enforcement mechanisms or penalties for infraction.
Recommendation #7
Section VIII
Officers
Rationale: Section is untitled; recommended title matches coordinate chapter in constitution.
Recommendation #8
B8.01. If the vice-president is unable to or unwilling or recuses his/her prerogative to serve as an ex officio voting member of the Churchwide Assembly, an alternate lay person of the same gender, meeting all other requirements, may be credentialed by the authority empowered to do so under the governing documents of the of the Evangelical Lutheran Church in America.
Rationale: cleaning up clunky language.
Recommendation #9
B9.07. In all elections by the Synod Assembly, other than for the Bishop, additional nominations may be made from the floor. When a nomination is made from the floor, the nominator Nominators may provide copies of the completed nomination form (as defined by the nominating committee) to the secretary of the synod for distribution.
Rationale: Eliminates redundancy (see B9.05). The elements to be struck are also redundant in relationship to RONR, which provides for floor nominations and write-in (if there are no rules to the contrary). It is also unnecessary with respect to bishop’s election because this is covered in the Constitution.
Recommendation #10
B9.08. In the election of a bishop, balloting may take place by electronic means (such as an online balloting platform) prior to the convening of the Synod Assembly and/or during adjournments of the Synod Assembly at the discretion of the Synod Council, the ballot being sent to those registered as members of the assembly as of midnight the day before the particular ballot; additional rules and protocols may be established by continuing resolution, special rule of order, or convention standing rule.
Rationale: In anticipation of possible changes to the conduct of synod assemblies that include an episcopal election, this amendment is proposed. The amendment would allow (without requiring) balloting to take place when the Synod Assembly is not in session. Details would be worked out in continuing resolutions. The first ballot in the election of a bishop is difficult and time-consuming to count. Upon report, time must be allowed for candidates to withdraw; this includes notifying every candidate, not all of whom may be immediately available.
Recommendation #11
B10.01. The Synod Council shall consist of the four officers of the synod, four clergy pastors, six lay members, and one youth member, and one young adult: a) Four pastors shall be elected, one from each of the four conferences. b) Six lay members shall be elected, one from each of the four conferences and two members at large. c) The youth member shall be elected at large. The youth member shall not have reached the age of 18 at the time of election. d) The young adult member shall be elected at large. The young adult member shall be between (and inclusive of) the ages of 18 and 30 at the time of election.
Rationale: The term clergy includes deacons. Eliminates an unnecessary conjunction.
Recommendation #12
B10.02. Terms of office: a) Four clergy pastors, six lay members, and the young adult member shall be elected for a three-year term and shall not serve for more than two consecutive terms in that seat. b) The youth member shall be elected to a one-year term without term limitation. c) The term for members of Synod Council shall begin on the first day of the third month following election or, in special circumstances, at a time designated by the Synod Council.
Rationale: The term clergy includes deacons.
Recommendation #13
B10.05. The Synod Council shall have an Executive Committee composed of the officers and three members of the council (1 clergy pastor, 2 lay members) elected by the council. The Executive Committee shall counsel with the officers and shall perform those functions of the Synod Council assigned to it by the Synod Council. The Executive Committee, with the exception of the bishop of this synod, shall review the work of the bishop, assistants to the bishop and support staff of the synod and shall recommend salaries and benefits for the bishop, assistants to the bishop and support staff of the synod.
Rationale: The term clergy includes deacons.
Recommendation #14
B10.08. Synod Council and all other committees may, at the discretion of the chair, employ mail (including asynchronous telecommunications) voting so long as all members have been notified of the call for vote and have acknowledged that call for vote, a unit veto striking down the question.
Rationale: Eliminates redundancy (see B11.18).
Recommendation #15
B11.03. The Synod Council shall appoint members to the joint Candidacy Committee of the Southwest Pennsylvania Synod and the West Virginia-Western Maryland Synod according to the provisions of the agreement between the synods as amended from time to time and ratified by the Synod Council, said committee being established to fulfill the duties outlined in the Candidacy Manual of the ELCA. There shall be a Professional Candidacy Committee to provide for the professional leadership recruitment preparation and support in accordance with churchwide standards and policies and to certify candidates for the ordained ministry in cooperation with the appropriate seminaries of this church. This committee shall have six (6) members, four (4) laypersons and two (2) ordained ministers, appointed for a term of six (6) years. The terms of those initially appointed shall be staggered so that not all terms will expire at the same time.
Rationale: Change to reflect agreement with SWPA and defer to the rules in that agreement.
Recommendation #16
B11.07. There shall be such additional committees as deemed necessary by this synod to guide and support the ministry of the synod and its congregations in the various aspects of the Church’s mission. Such committees shall normally be created or disbanded by continuing resolution of the Synod Council, but nothing herein shall preclude the right of the Synod Assembly to create or disband such operational committees by either continuing resolution or bylaw.
Rationale: Eliminates an archaic term.
Recommendation #17
B12.01.c.17. [There shall be four conferences designated as follows: Potomac Conference: ] Westernport, MD, Mt. Calvary.
Rationale: Mt. Calvary, Westernport, has closed. The section will be renumbered as an editorial change by the secretary.
Matthew Lynn Riegel
Daniel Collins
Michelle Erfurt
David Finney
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