# LCMS Commission on Constitutional Matters Minutes_St. Louis Missouri_August 30 31 2010_S1
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

MINUTES
COMMISSION ON CONSTITUTIONAL MATTERS
Buffalo, New York
August 30–31, 2010
1. Call to Order/Opening Devotion
Chairman Albert Marcis called the meeting to order with all members present except Philip Esala, absent
for medical reasons. Raymond Hartwig provided an opening devotion for this and the following day’s
sessions.
2. Review and Interpretation of Convention Actions and Bylaw Changes
In light of its responsibility in general for interpretation of the Synod’s Constitution, Bylaws, and
resolutions and at the request of the Secretary of the Synod, the commission spent the entire first and most
of the second days’ sessions reviewing a draft of the 2010 Constitution and Bylaws of the Synod in light
of resolutions adopted by the Synod’s 2010 convention. Numerous details in the draft were noted,
discussed, and decided in working toward a next draft to be presented to the Commission on Handbook.
The most consequential of the decisions made by the commission were the following:
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Res. 1-07A: The resolve paragraphs of Res. 1-07A rise to the level of a bylaw requirement. The
commission advocates to the Commission on Handbook that it include the resolution’s resolve
language as new bylaw content and language in the 2010 Handbook.
Res. 4-05 and 8-16A: According to the principle announced by the Secretary of the Synod during
Session 11 of the convention (i.e., when conflict exists between actions taken by the convention,
“those resolutions whose primary and specific interest is the bylaw changes in question will
trump those resolutions whose rationale does not specifically support those bylaw changes”), the
commission determined that where provisions of Res. 4-05 regarding the Synod’s election
process conflict with changes determined by Res. 8-16A, the latter (8-16A) trumps the former (405). The changes determined by Res. 8-16A are therefore to be incorporated into the 2010
Handbook.
Res. 4-07, 8-13, and 8-17: According to the principle detailed in the second bullet above, changes
advocated in Res. 4-07 regarding the nominations and elections processes that are not consistent
with those determined by such resolutions as Res. 8-13 and 8-17 are trumped by the latter, the
changes determined by such resolutions as Res. 8-13 and 8-17 therefore to be incorporated into
the 2010 Handbook.
Res. 5-06A and 8-08A: According to the principle detailed in the second bullet above, changes to
the election process for college and university presidents determined by Res. 5-06A (adopted
during Session 10) trump the changes advocated by Res. 8-08A due to the fact that the former are
more specific and were adopted after the more general Res. 8-08A (adopted during Session 3).
Res. 8-02A: The commission clarified that Res. 8-02A, which provided a new paragraph for
Bylaw 5.1.1 and added a new Bylaw 5.1.2, also intended to delete the existing three paragraphs of
Bylaw 5.1.1 (2007 Handbook, p. 194).
Res. 8-10: The commission gave consideration to what is to be included in the “accordingly” of
the resolve paragraph of Res. 8-10 in light of Res. 8-39 and other convention actions.
Accordingly, reference to the Vice-President–Finance—Treasurer in Article X of the Constitution
and all such reference in Article XI will be deleted if ratified by the congregations of the Synod,
such change to take effect upon ratification. The Commission also determined that certain bylaw
changes to the composition of the Board of Directors adopted by the convention will necessarily