# LCMS Commission on Constitutional Matters Minutes_St. Louis Missouri_May 22 1998_S3
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

Response: If a convention of the Synod terminates a program board, the activities and authority of
such program board are terminated in accord with the resolution adopted by the convention. Bylaw
3.183 gives to each board or commission the responsibility of selecting its own operating officers.
Such selection cannot be made by any other authority.
10.

Question: The Board of Directors clearly has the right to communicate "suggestions for
improvement" (cf. Bylaw 3.191 b) and to "call up for review, criticism, or suggestion" (cf Bylaw
3.191 e) the policies of the BCS and all other entities of the Synod. A similar right can no doubt be
acknowledged for the synodical president, whether acting alone or assisted by other officers.
However, it is not the position of the Synod that each board and commission -rather than the
President, the so called Officers Group, or the Board of Directors and its Executive Director - is
responsible for initiating and taking final action to determine changes in the board's internal structure
and staffing needs, provided its decisions in those areas are consistent with existing synodical
policies? If so, should not the position of the BCS hold sway over the position of the Officers Group,
the Board of Directors, or others in those areas where the BCS "does not support the division as
proposed" and related matters? (Cf., e.g., the November 11, 1997, Council of Administrators Minutes,
item 246, last sentence)
Response: Each board or commission is solely responsible for the organization of its own staff. The
Board of Directors of the Synod does allocate available funds to the respective boards and
commissions (Bylaw 3.191, d) but the usage of such funds is the responsibility of the governing board
of each board or commission.

Thank you for your patience in awaiting the reply of the Commission to your questions.
166. Meaning of the Term "Fails to Act" (Ag. 2097): The Commission in previous meetings had also
discussed the question of the meaning of the term "fails to act" as it appears in Bylaw 2.27, b. Requests had
been received from three different sources for a response to this issue. A response which had been prepared
was now discussed by the Commission and approved. The response which was provided is as follows:
Bylaw 2.27 generally involves the commencement of an action to terminate congregational or individual
membership. Such an action is initiated by a written complaint against a member of the Synod. The
complaint is to be filed with "the District President who has ecclesiastical supervision of such member."
The District President is given responsibility to "thoroughly investigate whether the allegations can be
substantiated" 2.27, a, 1. Additional provisions allow for the substitution of the First Vice-President of the
district if the District President is disqualified because "he is a party to the matter in dispute, has a conflict
of interest, or is unable to act."
Bylaw 2.27, 2, provides that the District President shall "follow the guidelines of Matt. 18:15-16 and may
appoint a small committee to assist in reconciliation efforts."
Two possibilities exist for appeal by the complainant under Bylaw 2.27, b. Appeal to the Praesidium is
permitted if the District President "declines to suspend the member..." Appeal may also betaken to the
Praesidium if the District President "fails to act within 90 days after the receipt of the written complaint."
The CCM interprets "fails to act" to mean that a District President takes no action within 90 days of
receiving a complaint. Such inaction would mean no measures were initiated with the 90 day period to
ascertain the truth or falsity of the complaint allegations. The same criteria would apply to the First VicePresident, or next qualified district officer under Bylaw 2.27, 1. The words "fail to act" clearly prevents a
District President from stifling a complaint through the refusal to act, i.e., by literally doing nothing. A