# LCMS Commission on Constitutional Matters Minutes_St. Louis Missouri_November 28 29 2005_S2 # Machine transcription, uncorrected — CHI Digital Archive (demonstration) 105. Conduct of Board of Directors and Its Chairman (05-2432) In a July 11, 2005 letter, a pastor of the Synod submitted a series of questions regarding the conduct of the Board of Directors and of its chairman with regard to 2004 convention Resolution 7-21. The questions were forwarded to the Board of Directors and the Synod’s legal counsel for consultation. Because the responses from the Board and legal counsel were only lately received, the Commission agreed to postpone finalizing its opinion to allow time to take this input from legal counsel and the Board of Directors into consideration. 106. Authority of the Board of Directors (05-2438) A pastor member of the Synod in a letter dated September 10, 2005, after calling attention to several bylaws describing the authority of the Board of Directors and of the President of the Synod, asked a series of questions regarding the following action of the Board of Directors during its August, 2005 meeting: WHEREAS, It is most important that all activities sponsored by and/or conducted under the auspices of The Lutheran Church—Missouri Synod are in accordance with the doctrine and practice of our Synod; and WHEREAS, Concerns have been expressed regarding the theological positions or articulations of some of the presenters at past LCMS National Youth Gatherings; therefore be it Resolved, That the Board of Directors evangelically encourage the Board for District and Congregational Services of the Synod, in consultation with the Office of the President, to evaluate carefully and thoroughly all presenters invited to future National Youth Gatherings to ensure that they are faithful to the doctrine and practice of The Lutheran Church—Missouri Synod; and be it further Resolved, That the Board of Directors express its concerns regarding potential liability or adverse financial consequences connected with future National Youth Gatherings; and be it finally Resolved, That the Board of Directors requests the Board for District and Congregational Services to report to the Board of Directors at its February, 2006 meeting the progress that is being made in addressing and resolving the issues that have been discussed between the Board of Directors and the Board for District and Congregational Services regarding the LCMS National Youth Gathering. After noting the repeated references in the resolution to “doctrine and practice” and to “theological positions or articulations,” the questioner asked: Question 1: In light of Bylaw 3.3.5.4, by what authority did the Board of Directors pass a resolution dealing with “doctrine and practice” and “theological positions or articulations”? Question 2: In light of Bylaws 3.3.1.1 and 3.3.1.1.1, did the Board of Directors usurp the authority of the synodical President? Question 3: If the Board of Directors did in fact usurp the authority of the synodical President, should the resolution adopted by the Board of Directors be declared null and void? 57