LCMS Convention Proceedings St. Louis, Missouri — 2010, Page 147

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ECCLESIAL MATTERS
Whereas, Neither Article XIII nor any other provision in
the Constitution or Bylaws creates an exception for expulsion
from the Synod simply because a member’s false confession or
offensive conduct is done with the advice and counsel of his
ecclesiastical supervisor, and CCM Opinions 02-2296, 02-2309,
and 02-2320 are selective in their quotations from the Constitution and Bylaws when concluding otherwise; and
Whereas, CCM Opinions 02-2296, 02-2309, and 02-2320
as written apply to actions of members that involve both “confession” and “offensive conduct,” both of which are grounds for
expulsion from Synod under Article XIII; and
Whereas, While actions of members that involve matters
of “confession” are protected in any civil action by the First
Amendment to the United States Constitution, acts of “offensive
conduct” may not be and could create legal liability problems;
and
Whereas, One consequence of these opinions would be to
allow a member of the Synod to commit gross, grievous crimes
or other wrongdoing, but be exempt from expulsion from the
Synod if his or her conduct was allegedly done with the advice
or counsel of his ecclesiastical supervisor, which could create
significant legal liability to the Synod or its agencies and others
if these opinions were allowed to remain applicable as to matters of “offensive conduct”; and
Whereas, This is of great concern to the Board of Directors,
this concern having been expressed to the CCM twice, once
with representatives of the Board of Directors meeting with
representatives of the CCM and a second time when the entire
Board of Directors met with the entire CCM, and despite being
informed of the concerns of the Board of Directors, the CCM
has not withdrawn or modified these opinions; and
Whereas, Silence by the Board of Directors could suggest
that the Board acquiesces to these opinions, which could have
very harmful legal and financial consequences to the Synod;
therefore be it
Resolved, That the Board of Directors, for the sake of the
Synod and its best interests, present and future, and in carrying out its fiduciary obligation to protect the Synod from legal
liability and other risks, because of its obligation to ensure that
others within the Synod comply with the Constitution, Bylaws,
and resolutions of the Synod, cannot agree with or accept CCM
Opinions 02-2296, 02-2309, and 02-2320; and be it further
Resolved, That CCM Opinions 02-2296, 02-2309, and 022320 are of no effect to the extent that they purport to prevent a
member who has persisted in offensive conduct (such as criminal conduct or immoral lifestyle) from being expelled from the
Synod; and be it finally
Resolved, That this resolution of the Board of Directors does
not apply to these opinions as they relate to matters of “confession” (doctrine), because such are purely ecclesiastical in nature
and more appropriately the subject of action by the Synod in
convention .
2 . 2004 Res . 7-02A, “To Amend Synodical Articles of
Incorporation and Bylaws Regarding Officer and Board
Responsibilities” (2004 Convention Proceedings, pp . 152–53), proposed amending pertinent paragraphs in the Constitution and Bylaws
of the Synod . The resolution, which was adopted, included the following whereas and resolve paragraphs;

147

Whereas, The Board of Directors and the Synod’s legal
counsel recognize that the Articles of Incorporation, Constitution, and Bylaws of the Synod require amendments to clarify
the roles of the officers, including the Board of Directors, and
other boards and to reflect other changes since they were last
amended in 1998; and
Whereas, President Kieschnick in his Special Report to the
Convention (LR 1-8, TB, pp . 21–27) reported, “In accord with
the Constitution of The Lutheran Church—Missouri Synod it is
my duty as President to report to the Synod that the Board of Directors of the LCMS (BOD/Board) has taken actions that ‘may
be in violation of the Constitution, Bylaws, and resolutions of
the Synod’ (Bylaw 3 .101 B 5)”; and
Whereas, The Board of Directors has repeatedly indicated
its desire to restore peace and harmony in the Synod; and
Whereas, If some of the following changes to the Articles
of Incorporation and Bylaws had been in place, the impasse between the Board of the Directors and the bylaws that refer to the
binding nature of the opinions of the Commission on Constitutional Matters [Bylaws 3 .905 d and 3 .183 d 2] would not have
occurred; therefore be it …
Resolved, That the convention consider this action as resolving the current difficulty but directs the President and Board of
Directors jointly to appoint a committee to address the matter
and report to the 2007 convention; and be it further
Resolved, That the convention overrules the resolutions of
the Board of Directors referenced in Appendix A of the President’s special report found on pages 24–26 of Today’s Business
and declares that they are of no effect; and be it finally
Resolved, That the convention pray for peace and harmony
in the Synod as it moves forward in mission and ministry .
3 . 2007 Res . 8-10, “To Refer for Theological Study CCM
Opinions 02-2296, 02-2309, and 02-2320”
Whereas, The above-referenced overtures have variously
expressed scriptural concerns regarding Opinions 02-2296, 022309, and 02-2320 of the Commission on Constitutional Matters (CCM); and
Whereas, None of the said overtures has expressed a
substantive rationale arising from the Constitution, Bylaws,
or resolutions of the Synod whereby said CCM Opinions 022296, 02-2309, and 02-2320 may be in error as concerns their
interpretation of said Constitution, Bylaws, or resolutions of the
Synod; and
Whereas, The responsibility of the CCM is solely to “interpret the Synod’s Constitution, Bylaws, and resolutions” (Bylaw 3 .9 .2 .2) and not to determine theological issues pertaining
thereto; and
Whereas, The means, methods, and manner of dispute
resolution and ecclesiastical supervision (Bylaws 1 .10, 2 .12,
and 2 .13) were significantly revised at the 2004 62nd Regular
Convention of the Synod, and policies adopted by the Council
of Presidents for implementation of such changes have also occurred, including consideration of pertinent scriptural requirements as they may impact the same; and
Whereas, CCM Opinions 02-2296, 02-2309, and 02-2320
were rendered prior to these substantive changes; and
Whereas, A primary concern of these overtures may have
already been addressed by the changes indicated; therefore be it
2010 Convention Proceedings