LCMS Convention Workbook St. Louis, Missouri — 2010, Page 119

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SYNOD REPORTS
R7-01

Commission on Constitutional Matters
During the past triennium, the Commission on Constitutional
Matters (CCM) has carried out the functions assigned to it by the
Synod in Bylaws 3.9.2–3.9.2.2.4. Bylaw 3.9.2.2 states that the commission “shall interpret the Synod’s Constitution, Bylaws, and
resolutions upon the written request of a member (congregation,
ordained or commissioned minister), official, board, commission, or
agency of the Synod.” The CCM does not have a directive to interpret the Scriptures or the Synod’s Articles of Incorporation. Matters
of theology are, as deemed necessary, referred to the Commission on
Theology and Church Relations. Matters involving changes to the
Constitution and Bylaws are referred to the Commission on Structure,
also as deemed necessary. Still other matters may be directed to
another commission or board.
The CCM consists of five voting members: three ordained ministers and two lawyers. The Secretary of the Synod serves as a
non-voting member as well as the secretary of the commission. The
five voting members serve six-year terms, renewable once. At present, the membership of the commission includes its chairman, Albert
Marcis; Secretary Raymond Hartwig; clergy members Philip Esala
and Wilbert Sohns; and attorneys Daniel Lorenz and Gordon Tresch.
The method of appointing the voting members of the commission is set forth in Bylaw 3.9.2.1.1. Briefly stated, the procedure is
as follows: candidates are nominated by district boards of directors
and submitted to the Council of Presidents through the Secretary of
the Synod; the council selects five candidates to fill each vacant position; those names are forwarded to the President of the Synod by the
Secretary; the President consults with the vice-presidents of the Synod
and makes an appointment for each vacant position from the list of
names; and the appointments become effective upon ratification by
a majority vote of the Council of Presidents.
The Synod has stated since the inception of the CCM that “an
opinion rendered by the commission shall be binding on the question decided unless and until it is overruled by a convention of the
Synod” (Bylaw 3.9.2.2 [c]). Since a process for such an action was
not previously set forth in the Bylaws, additional procedure was added
to Bylaw 3.9.2.2 by the 2007 convention. Bylaw 3.9.2.2 (c) states:
“Overtures to a convention that seek to overrule an opinion of the
commission shall support the proposed action with substantive rationale from the Constitution, Bylaws, and resolutions of the Synod. All
such overtures shall be considered by the floor committee to which
they have been assigned and shall be included in a specific report to
the convention with recommendations for appropriate action.” The
floor committee is to view CCM opinions in the same manner in
which the CCM renders those opinions, by carefully interpreting the
Synod’s Constitution, Bylaws, and resolutions.
The commission has also followed the directive given in Bylaw
3.9.2.2 (b) which requires: “The commission shall notify an officer
or agency of the Synod if a request for an opinion involves an activity of that officer or agency and shall allow that officer or agency to
submit in writing information regarding the matter(s) at issue.” This
bylaw has proven to be helpful, but it has also required more time for
issuing opinions. The commission has submitted questions to officers,
agencies, and legal counsel for information and has allowed time for
responses before issuing its opinions.
The CCM continues to work as necessary on amending the
Standard Operating Procedures Manual (SOPM) for Bylaw sections

119

1.10 and 2.14–2.17, as well as Bylaws 3.8.2.7.5ff. and 3.8.3.8.5ff. As
of the time of this report, the SOPMs for Bylaw sections 2.15 and 2.16
remain on the commission’s agenda.
The CCM has spent much time over the past year reviewing the
material and bylaw change recommendations of the Blue Ribbon Task
Force on Synod Structure and Governance “to determine their agreement in content and language with the Constitution and Bylaws of the
Synod” (Bylaw 3.9.2.2.1). The commission will also be represented
at the meetings of all floor committees for the 2010 convention of the
Synod that are considering constitutional and bylaw matters. Prior
to the meetings of the floor committees in May, the commission will
have examined all reports and overtures asking for amendments to
the Constitution and Bylaws.
Following the 2007 convention, the CCM spent time carrying out Bylaw 3.9.2.2.3, which directs the commission to “revise
the Handbook of the Synod immediately after each convention of
the Synod to bring it into harmony with the resolutions or changes
adopted by the convention.”
In addition to carrying out its responsibility to interpret the
Synod’s Constitution, Bylaws, and resolutions, the commission has
spent time in carrying out the responsibilities set forth in Bylaws
3.9.2 and 3.9.2.2.4 that call on the CCM to “ensure that the governing instruments of the Synod and its agencies are in accord with the
Constitution and Bylaws of the Synod” (Bylaw 3.9.2). The commission continues to review and approve proposed revisions to
constitutions, bylaws, and other governing instruments of the districts
and other agencies of the Synod. It has also, through its secretary,
requested from the various agencies copies of their policy manuals
and is presently moving forward in an attempt to evaluate all of them.
Due to the time that was required to examine the proposed changes
to the structure of the Synod, time will be needed following the 2010
convention to complete this task.
The CCM has been represented on the Commission on Structure
for the past three years by its chairman Albert Marcis. Commission
members Wilbert Sohns and Raymond Hartwig served as members
of the Blue Ribbon Task Force on Synod Structure and Governance.
Philip Esala served on the Res. 8-06 Task Force mandated by the
2007 convention.
Each meeting of the CCM begins with devotional time led by
one of its members, asking the Lord to bless its efforts in serving
our Synod. During the past triennium, the commission met 16 times
and addressed nearly 160 agenda items. Its opinions in response
to requests received, as well as several former opinions of particular interest to the convention, are published in Appendix I of this
Convention Workbook.
Albert Marcis, Chairman
R7-02-01

Atlantic District
The Atlantic District is composed of the eastern portion of New
York State, including Long Island, New York City (the capital of the
world), the northern suburbs of New York City, the Hudson Valley, the
state capital region around Albany and Schenectady, and points north
to the Canadian border. It is one of the most beautiful geographical
regions of the United States, and one of the most densely populated.
As Iowa is to corn, so New York is to people.
Mission outreach has been the main focus of the Atlantic District
endeavor since the tragic events of Sept. 11, 2001. The Atlantic
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