# LCMS Convention Workbook_St. Louis Missouri_2004_S272 # Machine transcription, uncorrected — CHI Digital Archive (demonstration) 272 STRUCTURE, PLANNING, AND ADMINISTRATION To help remove any remaining concerns regarding partiality in appointments to these important positions, the Commission on Structure recommends the following Bylaw change. PRESENF/PROPOSED WORDING Resolved, That Bylaw 3.903 be amended as follows: 3. The President of the Synod, in consultation with the Vice- Presidents of the Synod and with the mutual concurrence of the Board of Directors, shall appoint the members of the commis- sion from the list presented by the Council of Presidents. Commission on Structure 7-64 To Elect Members of Commission on Constitutional Matters WHEREAS, The President of the Synod is frequently a party to, or involved in, questions in dispute that must be decided by the Commission on Constitutional Matters; and WHEREAS, The District Presidents of the Synod also are fre- quently parties to questions in dispute that must be decided by the Commission on Constitutional Matters; and WHEREAS, The Commission on Constitutional Matters is cur- rently appointed by the President of the Synod from a list presented by the Council of Presidents; and WHEREAS, The Commission on Constitutional Matters is called upon to interpret the Synod’s Constitution, Bylaws, and resolu- tions, and to make decisions on the authority and responsibilities of the President of the Synod and the District Presidents; and WHEREAS, It is important and beneficial to have a Commission on Constitutional Matters that is completely independent of the President of the Synod and District Presidents in order to maintain objectivity, independence, fairness, and distinction of authority and responsibilities; and WHEREAS, Recent decisions of the Commission on Constitu- tional Matters have given broad, unprecedented power to the Synod President and District Presidents; therefore be it Resolved, That the Minnesota North District request that the Synod at its 2004 convention amend Bylaw 3.903 so that the mem- bers of the Commission on Constitutional Matters shall be elected by the Synod in convention. Minnesota North District 7-65 To Amend Bylaws to Elect Members of CCM WHEREAS, The members of the Commission on Constitutional Matters are currently appointed by the President of the LCMS from a list of candidates provided by the Council of Presidents; and WHEREAS, The President of the Synod and District Presidents have often made requests to the CCM for their opinion on issues of controversy; and . WHEREAS, This practice may give the impression that a conflict of interest exists (in that the appointees are asked by those who ap- pointed them to give opinions concerning issues in which they are personally involved); and WHEREAS, The election of the members of the CCM would re- move this perceived conflict of interest; therefore be it Resolved, That the LCMS elect the members of the CCM, be- ginning with the 2007 convention (2 ordained ministers and | lawyer for full 6-year terms, and 1 ordained minister and 1 lawyer for an initial 3-year term); and be it further Resolved, That the Bylaws be amended as follows: In Bylaw 3.57 the words “A Commission on Constitutional Matters” be re- moved from paragraph a and be added to a new paragraph d: d. Elected by the convention of the Synod: A Commission on Constitutional Matters and be it finally Resolved, That in Bylaw 3.903 a, the word “appointed” and subsections 1-3 be removed, and a new paragraph d be added to read similarly to the Bylaw for the CTCR: d. Vacancies shall be filled by the Board of Directors of The Lutheran Church—Missouri Synod, and they shall follow the nomina- tions procedures as outlined in the Bylaws of the Synod for synodically elected boards or commissions. Quincy Circuit Forum 4 Central Illinois District 7-66 To Elect Members of CCM WHEREAS, The Synod President has the final authority to ap- point the members of the Commission on Constitutional Matters; and WuereEAS, This limits the rights of the convention delegates to be involved in the selection process; and WHEREAS, It is a good thing to have the delegates involved in the life of the Synod and the conduct of her business; therefore be it Resolved, That the Synod, in convention, change the Synod’s Bylaws to reflect that the Commission on Constitutional Matters shall be made up of five members, all of whom shall be elected at the Synod convention, beginning at the 2007 Synod convention. Crookston Circuit Forum Minnesota North District 7-67 To Amend Bylaws to Elect Commission on Constitutional Matters WHEREAS, In response to the question “May a District President who has acted in a matter, after having received the advice and au- thorization of the synodical president, be charged under Bylaw 2.27 for such an act?” the Commission on Constitutional Matters (CCM) in its Opinion 02-2309 stated that even if “an act is in fact contrary to Article XIII of the Constitution, the member who has acted can- not be charged since he/she acted according to the advice of his/her ecclesiastical supervisor”; and WHEREAS, In stating this opinion, the CCM has in fact amended Art. XIII of the Constitution, since Art. XIII makes no such provi- sion or exception for permitting any member to “act contrary to the confession laid down in Article II, and to the conditions of mem- bership laid down in Article VI,” even if he/she has received coun- sel and authorization from his/her ecclesiastical supervisor permit- ting him/her to do so; and WHerEAS, The actions of the CCM in rendering this opinion— whether through misplaced respect and loyalty for their appointing authority, or whether through simply having erred in their deci- sion—have rendered an opinion that in fact amends the Constitu- tion, without the Commission having the authority to amend the Constitution; and WHEREAS, In the present procedure of appointing the Commis- sion on Constitutional Matters, the potential for conflicts of interest exist, as well as perceived conflicts of interest that may seriously divide our Lord’s church; and WHEREAS, We strive to do everything “decently and in order (1 Cor. 14:40) and to use the diversity of gifts given to our Synod for the common good (1 Cor. 2:4~31), it seems to be a better pro- cedure that the Commission on Constitutional Matters would be elected by the Synod in convention; therefore be it Resolved, That The Lutheran Church—Missouri Synod declare that Chapter “III. Synodical Organization”; Section “H. Commis- sions”; Subsection “1. Commission on Constitutional Matters” of the Bylaws of the LCMS be amended as follows: