# LCMS Convention Proceedings_St. Louis Missouri_2004_S81
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

REPORT OF THE PRESIDENT
regarding ecclesiastical supervision by indicating, in part,
that
• “The protections of the Synod as expressed in Opinion
02-2309 are protections of one’s membership in the
Synod and not a protection from the duty and responsibility to constantly consider the appropriateness of
one’s actions in view of the Word of God. No one is immune from responsible, God-pleasing conduct and behavior or personal accountability before God.”
• “Opinion 02-2309 . . . specifically references official
duty and action, not personal offensive conduct. The
opinion notes in Question 1 that “the Synod has
promised its individual members supervision and
counsel when the member is performing his/her official duties.” The answer to Question 2 concludes that
“the Synod is precluded from taking any action to terminate the membership of its member who, when performing his/her official duties, follows the advice and
counsel of the ecclesiastical supervisor designated by
the Synod” (emphases added). Thus, personal offensive
conduct or conduct that is illegal or criminal can certainly not be included in the context of the quoted
prior opinion” (Opinion 03-2338).
The complete texts of the above referenced CCM Opinions are printed in Appendix I of the Convention Workbook,
pp. 315 ff.
Subsequently, following meetings of BOD representatives and CCM members on January 5, 2004, and a joint
meeting of the BOD, Council of Presidents, and CCM chairman February 5–7, 2004, the Board at its meeting February 19–21, 2004, though not resolving to ask the Synod, in
convention, to overrule the CCM opinions, did adopt a resolution requesting the CCM to “reconsider and withdraw
these opinions to allow the issues involved to be addressed
by the 2004 synodical convention.” They further resolved
that “immediately upon such action being taken by the
Commission on Constitutional Matters, the two Board of
Directors’ resolutions adopted at its November 2003 meeting concerning these CCM opinions will be similarly withdrawn so as to allow the issues involved to be considered
by the 2004 synodical convention.”
The CCM on March 22, 2004, responded to the BOD requests by
• affirming its previously rendered opinions;
• reiterating that “the Synod has reserved unto itself the
right to review, revise, modify, alter, or reject any
opinion of the CCM and thereby address the issue involved”; and
• stating that “If the polity of the Synod is to be
changed, such change must come from the Synod in
convention assembled …”
Appendix B of this report contains the complete text of
the CCM response.
Summarily, the position of the Synod is that any congregation or other entity of the Synod taking issue with an
opinion of the Commission on Constitutional Matters, if it
is entitled to submit an overture to a convention of the
Synod (Bylaw 3.19 a 2), may ask a synodical convention to
overrule that specific opinion. Unless and until the Synod,

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in convention, overrules an opinion of the CCM, it is binding. No individual, congregation, board, agency, commission, council, or other entity of the Synod has the authority
to ignore the binding nature of CCM opinions unless and
until those opinions have been overruled by the Synod itself, including the Board of Directors, which, as mentioned
above, is expressly forbidden by the Bylaws of the Synod
from doing so.
This official report comes at the conclusion of many
months of numerous meetings and collegial communications with the BOD, CCM, and Council of Presidents, addressing the propriety of the Board resolutions and Commission opinions. Most recently, in late April, I phoned or
personally visited with each individual member and officer
of the BOD to be certain I fully understood the perspective
of each, particularly those who voted in favor of the two resolutions in question. In addition, on May 4, 2004, I wrote
to each Board member and officer a letter including these
concluding paragraphs:
“In light of such clear wording of the Constitution,
Bylaws, and synodical resolution (Resolution 7-03C of
the 2001 LCMS Convention) referenced above, it is my
duty to express this pastoral admonition, evangelical
plea, and respectful request that the Board of Directors
alter or reverse the two resolutions adopted by majority
vote at the November 20–22, 2003, Board meeting in
Miami. I respectfully ask for a response from the Board
to this letter not later than the conclusion of the next
regularly scheduled meeting of the Board, May 20–22,
2004. Thank you for your serious and prayerful consideration of this request.
Please be assured that this letter is written with
deep concern for each individual member of the Board,
with absolute respect for the duties to which we have
been elected by the Synod, and with resolute commitment to my constitutional duties and obligations as
President of the Synod. One such duty is to see to it
that all officers, including the Board of Directors, “act
in accordance with the Synod’s Constitution, to admonish all who in any way depart from it, and, if such admonition is not heeded, to report such cases to the
Synod” (LCMS Constitution Article XI B 2).”

During the referenced May 20–22 BOD meeting just
concluded, the Board of Directors discussed this letter of
pastoral admonition. Its response was the adoption of a resolution entitled “To Encourage the Synod to Adopt Commission on Structure Overtures.”
Following prayerful consideration, reflection, and collegial consultation with the chairmen of the BOD and CCM
and the Secretary of the Synod, my conclusion is that it is
my duty to refer this matter to the Synod, in convention, in
the form of this special President’s Report to the Convention. At the time of writing this official report, the convention floor committees are meeting at the LCMS International Center in St. Louis. Since there appears to be
genuine disagreement that can be resolved only by the
Synod in convention, I am hereby referring this report to
the 62nd Regular Convention of the Synod and to the appropriate floor committee for its consideration, in accord
with the following Bylaw:
C. Officers of the Synod
1. The President
3.101 Powers and Duties
B. Administrative
2004 Convention Proceedings