# LCMS Commission on Constitutional Matters Minutes_St. Louis Missouri_September 6 1985_S7
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

the Board's letter. The Commission has met through telephone conference with Mr. Draheim and gone
over his opinions, line by line. The Commission feels that Mr. Draheim has done an excellent job of
analyzing the problems and developing solutions. To repeat the conclusions and findings that he has
made, in our opinion, would be redundant and a waste of the Board's time. In principle the Commission
on Constitutional Matters would concur with the results reached in Mr. Draheim's opinion.
The Commission would note that such approval is given to the limited fact situation as developed
in the particular circumstances involving both St. John's and St. Paul's. It does not feel that the
conclusions reached necessarily are applicable in all other situations surrounding the Synod's activities.
Each case must be a case by case consideration. It further would endorse specifically the language
contained in page 6 of Mr. Draheim's opinion regarding St. John's and page 5 of his opinion regarding St.
Paul's.
"Given the somewhat unique nature of the Synod and its Board of Directors, it is likely that the
scope of the Board's implied and inherent authority would be construed more narrowly than that of its
business counterparts. Still that authority should not be unreasonably restricted nor should any reasonable
doubt about the meaning of convention directives be resolved so as to produce unreasonable results."
[*emphasis supplied by CCM]
The Commission feels that the general charge of the synodical Handbook to the Board of
Directors is one of operating the Synod with fiscal responsibility. We find no other commission or board
created by the Synod to have the ultimate responsibility as is vested in the Board of Directors.
Finally, it must be noted that if in fact the Synod is ultimately dissatisfied with the action of the
Board of Directors, acting in convention it does have the authority to override the Board by specifically
re-instituting a program or ordering-different tactics to be taken. In the interval it is incumbent upon the
Board of Directors both by the Synod's Constitution and Bylaws to act for the good of the Synod as a
whole and not jeopardize the entire body to perpetuate the existence of one of its agencies.
COMMISSION ON CONSTITUTIONAL MATTERS
Walter L. Rosin, Secretary
August 15, 1986

Minutes of the Commission on Constitutional Matters - December 13, 1985
173. Opening Devotion: Chairman, Judge Schnelz, opened the meeting with a prayer in which he
expressed gratitude to God for the addition of Dr. Richard Schlecht as a new member of the Commission
on Constitutional Matters, replacing Dr. Carl Eberhard.
174. Ohio District Bylaws (Ag. 236): An effort is to be made to secure these Bylaws. The item will
remain on the agenda.
175. Southern California Bylaws (Ag. 1591): The Secretary is to write to President Kramer to
secure a copy of these Bylaws. The item will remain oil the agenda.
176. Colorado District Bylaws (Ag. 1603): The Secretary is to write to President Petersen,
requesting a copy of the district Bylaws, now the Rocky Mountain District Bylaws. The item will remain
on the agenda.