LCMS Convention Workbook St. Louis, Missouri — 1998, Page 316

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316 OPINIONS OF COMMISSION ON CONSTITUTIONAL MATTERS

whichever in his judgment is most appropriate” (Bylaw 3.103 c)
before exercising executive authority under this provision.

A third limitation on executive power is mentioned in two sep-
arate Bylaws. Bylaw 3.101 h (regarding day-to-day supervision of
synodical staff) provides that actions of the President regarding
such decisions of boards or commissions are subject to appeal.”

Bylaw 3.103 c (regarding the power of the President to act
when there is no specific directive of Synod) also grants that “Any
member of Synod shall have the right to appeal to the convention
of the Synod from his action” (3.103 c).

Questions 2 and 3:

Bylaw 12.01 states that the official periodicals of the Synod
shall

]. as a primary purpose, promote growth and strengthen the indi-
vidual Christian life;

. include official reports and notices;

. promote the Synod’s work;

. promote current synodical news;

. transmit to the congregations information concerning the
Synod’s position and programs,

6. assist congregational leaders in developing coordinated pro-

grams;

7. facilitate the exchange of information concerning successful
methods of practical church work;

8. serve as a forum for the responsible exchange of opinion on is-
sues confronting the Synod;

9, report general church news of interest to the Synod.

The questions raised by the Board for Communication Services
revolve around the judgment of what constitutes a “responsible ex-
change of opinion on issues confronting the Synod” and what its
mandate is to publish “general news of interest to the Synod.” The
previous opinion of the CCM regarding executive authority sug-
gested that the President had considerable power to act under the
provisions of Bylaws 3.101 h and 3.103 c. The same provisions
also establish constraints in the exercise of that power.

Additional restraints on executive authority also rest directly
with the Board of Directors of Synod. Art. XI F 2 states the “voting
members of the Board of Directors are the legal representatives of
the Synod and the custodians of all property of the Synod, and upon
them are incumbent the general management and supervision of all
the business affairs of the Synod.”

Bylaw 3.191 c vests the synodical Board of Directors with “the
general management and supervision of the Synod’s business ...”
Bylaw 3.191 e states that the Board of Directors “shall receive pe-
riodic reports on the operations of the various synodwide corpora-
tions, councils, boards, commissions, and departments and shall
have the right to call up for review, criticism or suggestion any pol-
icy of a corporation, council, board, or commission of the Synod.”

The Board of Directors has the authority under the Constitution
and Bylaws to review governing documents or policies as it
chooses. If, in its judgment, the Board of Directors approved writ-
ten policies of the Board for Communication Services as being
compatible with the Constitution and Bylaws, it would have the
power to limit the actions of a President who attempted censoring
the publications of the BCS.

Having said this, the commission is concerned that executive
power not be exercised to the extent that it deprives the members of
the Synod of the benefit of receiving various points of views, hav-
ing access to general church news of interest to the Synod, or de-
prives an accused individual of the right of defense. The history
surrounding the founding of the Synod provides adequate evidence
for such concern. If it is believed by a member or members that
this is occurring, the remedy is identified above.

The better approach, an alternative to censorship, would be a
discussion of the rationale for including or not including certain
letters to the editor on a given subject, publication of articles on
such subject, or that a notice be printed in a specific form. It is as-
sumed that all parties involved are concerned about the welfare of

aA & Wh

the church and that in most, if not all, cases agreement can be
reached regarding the printing of certain materials.

Prohibiting or directing items for publication in the official pe-
riodicals of the Synod should be done by the President of the Synod
only in exceptional circumstances. The official periodicals of the
Synod are just that, official periodicals of the Synod. They are not
an unaffiliated publication with no allegiance to any church body.
Yet Bylaw 12.01 indicates what the Synod expects of its official
periodicals. Any limitation on such expectations through an exer-
cise of executive power should be done only on those occasions
when the affairs of the Synod so require. It is hoped that the Presi-
dent and those charged with the responsibility of publishing the of-
ficial periodicals of the Synod would engage in dialog regarding
those occasions when the President deems it necessary to exercise
his executive power. As provided in Bylaw 3.103 c an appeal from
what is deemed to be an inappropriate exercise of executive power
by the President may be made to a convention of the Synod.

Adopted June 25, 1997

Requirement for Nominations to District Positions

A District Secretary stated that one of its District Bylaws was
being interpreted to say that all officers, except Circuit Counselor,
shall have been active in the District for at least one year. He won-
dered whether this placed the District in conflict with synodical By-
laws and whether the requirement for at least one year of service in
the District could be made as a condition for nomination.

The Commission responded as follows:
The District Bylaws include the following statement:

All officers, Board members, Commission members and mem-
bers of Committees shall be members of voting congregations and
shall have been active in the District for at least one year. The one
year limitation shall not apply to the office of Circuit Counselor.

This is being interpreted to say that all officers, except Circuit Coun-
selor, shall have been active in the District for at least one year. The
question on which the Commission is asked to provide an opinion is,
“Does this conflict with Synodical Bylaws, and may the application of
at least one year of service in-the District be made a condition for nom-
ination?”

In response, the commission states that the portion of the District
Bylaw which refers to all officers other than the Circuit Counselor and
requires active membership on their part in the District for at least one
year is indeed contrary to Bylaw 4.51 a of the Bylaws of the Synod. It
may not be made a requirement for the nomination of “President, two or
more Vice-Presidents, [and] a Secretary.” Bylaw 4.5] a states

a. The following officers shall be elected from the clergy roster
of the Synod by each District: a President, two or more Vice-Presi-
dents, a Secretary, and a Circuit Counselor for each Circuit estab-
lished by the District. [Emphasis added]

Based on this Bylaw, candidates for these offices may hold their
membership in other Districts. However, as required in Bylaw 4.51 ¢

c. All officers and members of boards shall be members of mem-
ber congregations of the District upon assuming office and during
the course of their tenure. [Emphasis added]

With respect to members of boards and commissions, the District
may require that candidates for these positions be “members of voting
congregations” and “active in the District for at least one year.” There is
no synodical Bylaw prohibiting this restriction, nor is there any which
states that they may hold membership in member congregations of other
Districts. Constitution Art. XII 2 grants the privilege of imposing this
restriction when it states that

“each District is at liberty to adopt such Bylaws and pass such
resolutions as it deems expedient for its conditions, provided that
such Bylaws and resolutions do not conflict with the Constitution
and Bylaws of the Synod.”

With respect to Circuit Counselors, the only restriction is that con-
tained in synodical Bylaw 5.11, which states

“Every voling congregation of each Circuit shall be entitled to
nominate as a candidate for the office of Circuit Counselor either
one or two individual pastors of the member congregations of the
Circuit or from among the emeriti who hold membership in one of
the member congregations of that Circuit.”