LCMS Convention Proceedings St. Louis, Missouri — 2010, Page 148

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148

RESOLUTIONS

Resolved, That the Synod in convention refer these above
referenced overtures to the Commission on Theology and
Church Relations for consideration, and in consultation with the
Council of Presidents and Commission on Structure report back
to the 2010 64th Regular Convention as to how the theological
issues are addressed under the most recent changes to the Bylaws, namely dispute resolution and ecclesiastical supervision,
and the policies implemented by the COP .

RESOLUTION 7-02
Whereas, The convention has received the report of Floor
Committee 7 (Bylaw 3 .9 .2 .2 [c]) related to challenges to CCM
Opinion 02-2309 and related opinions; and
Whereas, CCM Opinion 02-2309 and other related opinions, as well as the report of the CTCR (2007 Res . 8-10),
explain the covenants of membership and the process of ecclesiastical supervision in the Synod’s Constitution and Bylaws;
and
Whereas, The convention honors the genuine concern
expressed by individuals, congregations, circuits, and districts of the Synod regarding the CCM opinions in question
and desires to resolve this matter in a responsible and Godpleasing fashion; therefore be it
Resolved, That the Synod affirm its commitment to provide
to each of its members at all times appropriate ecclesiastical
supervision and counsel in accordance with Holy Scripture,
the Lutheran Confessions, and the Constitution and Bylaws of
the Synod; and be it further
Resolved, That the Synod affirm its responsibility to supervise and hold accountable the ecclesiastical supervisors which
it puts in place by exercising ecclesiastical discipline where
necessary, for the protection of the members of the Synod and
also for the protection of the Synod itself; and be it finally
Resolved, That the Synod affirm that CCM Opinion
02-2309 and related opinions should not have been and shall
never be understood to grant immunity to any member of the
Synod, or to allow such member to act with impunity, or to
give permission to act contrary to the Holy Scriptures, the
Lutheran Confessions, the Constitution, or the Bylaws of our
beloved Synod .
Action: Adopted (7)
(As the resolution was introduced, corrections to the first line
of the quoted paragraph from CCM Opinion 09-2570 (changing
“chose” to “chosen”), the first line of the “Conclusion and Recommendation” paragraph (changing “-2-2309” to “02-2309”),
and the second line of the resolution’s final resolve (changing
“misunderstood” to “understood”) were made or agreed to by the
committee . After the entire resolution was read by the committee, a substitute motion to overrule 02-2309 and related opinions
as follows: “Whereas, CCM Opinion 02-2309 and related opinions were rendered prior to the adoption of 2004 Res . 8-01A; and
Whereas, CCM Opinion 02-2309 and related opinions continue
to cause consternation in some quarters of our Synod; therefore be
it Resolved, that the Synod in convention overturn CCM Opinion
02-2309 and related opinions” was not accepted for consideration
[Yes: 465; No: 646] . A proposed amendment to insert the words
2010 Convention Proceedings

“the Lutheran Confessions” after the word “Scripture” in the first
resolve was accepted by the committee as a friendly amendment .
A motion to amend the final resolve to change “shall” to “should”
was introduced but failed [Yes: 166; No: 961] . After further debate
on the main motion, Res . 7-02 was adopted as changed [Yes: 958;
No: 189] .)

To Provide for Removal of Individual Board
or Commission Members
RESOLUTION 7-03
Overture 7-21 (CW, p. 219)
Whereas, The purposes of the Synod are ecclesiastical and
not secular, and the secular functions of the church exist only
to serve those ecclesiastical purposes; and
Whereas, The Synod considers the process of selection
and removal of all officers of the Synod and all members of its
boards and commissions to be an ecclesiastical function; and
Whereas, Bylaw 1 .5 .2 (b) states that, in serving the Synod
as a board or commission member, director, or officer, “[r]
esponsibilities shall be carried out in a manner reflecting the
highest degree of integrity and honesty”; and
Whereas, The Commission on Constitutional Matters, noting that proposals to add a section in the Handbook for the
removal of board and commission members have not been
acted upon by past conventions, requested that the Commission
on Structure develop and propose such a process for inclusion
in the Bylaws of the Synod; and
Whereas, There is an interest in bringing peace and order
among the individual members and congregations of the Synod
who hold various opinions regarding this issue; therefore be it
Resolved, That the following bylaws be added to the Bylaws
of the Synod:
PRESENT/PROPOSED WORDING
Removal of Individual Members from Board or
Commission Membership
1 .5 .7 Individual members of the Synod’s commissions and
the boards of its agencies, as well as the individual members of
its Board of Directors, shall discharge the duties of their offices
in good faith . The following are considered cause for removal
pursuant to this bylaw:
1 . Incapacity
2 . Breach of fiduciary responsibilities to the Synod or agency
3 . Neglect or refusal to perform duties of office
4 . No longer satisfying any of the qualifications for directors set forth in the articles of incorporation or bylaws of the
entity as in effect at the beginning of the member’s term
5 . Conviction of a felony
6 . Failure to disclose conflicts of interest to the Synod or
agency
7 . Conduct evidencing a scandalous life
8 . Advocacy of false doctrine (Constitution Art . II)
9 . Failure to honor and uphold the doctrinal position of the
Synod