# LCMS Convention Workbook_St. Louis Missouri_2004_S288 # Machine transcription, uncorrected — CHI Digital Archive (demonstration) 288 STRUCTURE, PLANNING, AND ADMINISTRATION their activities to taking or giving offense, causing confusion in the Synod or creating potential liability” (emphasis added); and Wuereas, The Board of Directors of the Synod is expected to act in accordance with the Constitution, Bylaws, and resolutions of the Synod (cf. Bylaw 1.07 a); and WHEREAS, The Bylaws clearly state: “[The Board of Directors] shall have the nght to call up for review, criticism, modification, or revocation any action or policy of a program board, commission, or council, except opinions of the Commission on Constitutional Matters” (Bylaw 3.183 d 2, emphasis added) and “An opinion ren- dered by the [CCM] shall be binding on the question decided un- less and until it is overruled by a synodical convention” (Bylaw 3.905 d); and WHEREAS, It is reported that, by a majority vote, the Board of Directors violated the Constitution and Bylaws in an official action of the Board on Nov. 21, 2003, by unconstitutionally declaring cer- tain opinions of the Commission on Constitutional Matters “of no effect”; and WHEREAS, It was officially reported that the minority voting, against such violation of the Constitution and Bylaws were Dr. Betty Duda, Dr. Jean Garton, Mr. Oscar Hanson, and Dr. Edwin Trapp Jr.; and WHEREAS, It was reported that President Kieschnick was not present nor was Elizabeth Fluegel present for the meeting and thus did not vote on this resolution; and WHEREAS, The terms of Dr. Karl Barth and Mr. Ernest Garbe terminate at this convention, and they are not eligible for reelec- tion; and WHEREAS, The terms of Rev. Ed Balfour and Mr. Theodore Kober come to an end at this convention, but they are eligible for reelection; and WueREAS, The terms of Rev. James Fandry, Dr. Robert Kuhn, Mr. David Hawk, and Mr. Christian Preus continue until the 2007 convention; therefore be it Resolved, That for valid cause the Rev. James Fandry, Dr. Robert Kuhn, Mr. David Hawk, and Mr. Christian Preus be re- moved immediately upon this vote from office on the Board of Di- rectors of The Lutheran Church—Missouri Synod; and be it fur- ther Resolved, That the Committee for Nominations of this conven- tion prepare a slate of nominees in preparation for a ballot in order that the convention assembled may immediately elect replacements to fill the unexpired terms of those members who have been re- moved from office. Prince of Peace, Orlando, FL; Circuits 20 and 21, South Wisconsin District; Circuits 17 and 19, Texas District 7-114 To Remove Members of Board of Directors from Office Whereas, Jesus clearly teaches that “a house divided against itself cannot stand” (Mark 3:25 and Luke 11:17); and WHEREAS, The elected officers of the Synod are to “serve the Synod in accordance with the duties assigned to them or otherwise authorized by the Constitution and appropriate Bylaws” (Bylaw 1.07 b); and WHEREAS, “Primary responsibility is given to each officer, to the extent of his jurisdiction, for implementing specific decisions of the appropriate . . . commissions” (Bylaw 1.07 b); and WHEREAS, The Commission on Constitutional Matters has the responsibility to “interpret the Synod’s Constitution, Bylaws, and resolutions,” and “‘an opinion rendered by the commission shall be binding on the question decided unless and until it is overruled by a synodical convention” (Bylaw 3.905 d); and WHEREAS, “The officers of the Synod must assume only such rights as have been expressly conferred upon them by the Synod, and in everything pertaining to their rights and the performance of their duties they are responsible to the Synod” (Constitution XI A 1); and . Wuereas, Nowhere in the Constitution or Bylaws is there any provision for the synodical Board of Directors to declare any opin- ion of the CCM to be of “‘no effect”— as they have done (Minutes [2003] of the Board of Directors, pp. 231, 233); and WHEREAS, The 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; therefore be it Resolved, That the Synod, in convention, recognize that the ac- tions of the Board of Directors have exceeded their authority and therefore is calling the members of the Board to account by re- moving them from office; and be it further Resolved, That the Committee on Nominations for the 2004 LCMS convention be directed to prepare a list of candidates for election to the Board of Directors, with some members to serve for the regular six year terms and the remainder for three years and that this election takes place before the conclusion of this convention. Mt. Olive Poway, CA 7-115 To Require Board of Directors to Withdraw Actions re CCM Opinions WHEREAS, The Board of Directors of The Lutheran Church— Missouri Synod on Nov. 21, 2003, took issue with a number of opinions of the Commission on Constitutional Matters, declaring them to be “of no effect”; and WHEREAS, The Board of Directors of The Lutheran Church— Missouri Synod acted in deference to its provided authority in Bylaw 3.183 d 2 (“It shall have the right to call up for review, crit- icism, modification, or revocation any action or policy of a pro- gram board, commission, or council, except opinions of the Com- mission on Constitutional Matters” [emphasis added]); and WHEREAS, The purpose of the Constitution and Bylaws of The Lutheran Church—Missouri Synod is to guide our “walking to- gether” as a Synod; therefore be it Resolved, That the Synod, in convention, require that the LCMS Board of Directors withdraw their actions of Nov. 21, 2003, and retract their declarations regarding the opinions of the CCM; and be it further Resolved, That the LCMS Board of Directors apologize to the members of the Synod regarding these actions, thus establishing a true example of “walking together” in true humility and love as members of the body of Christ Jesus here on this earth. St. John Hamilton, TX 7-116 To Require Prior Disclosure of Special Legal Opinions WuerEAS, The LCMS Board of Directors has solicited and re- ceived two legal opinions concerning the powers of the Board of Directors under Missouri State Law; and WHEREAS, The Board of Directors has merely released a sum- mary of its understanding of the thrust of these opinions, without providing their text to the membership of the Synod; and Wtereas, The Board of Directors has failed to release the text of these opinions to the membership of the Synod, citing the lawyer-client privilege; and WHEREAS, The Board of Directors has requested the Commis- sion on Structure to offer changes in the synodical structure (Arti- cles of Incorporation, Constitution, and Bylaws) to embody the thrust of these legal opinions; and Whereas, According to the official minutes of the Board of Di- rectors, a motion was adopted to “approve the following sugges- tions for follow-up actions to the Bryan Cave legal opinion: . . . 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