LCMS Convention Proceedings St. Louis, Missouri — 2004, Page 59

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REPORT OF THE PRESIDENT
been expressly conferred upon them by the Synod . . .
2. The Synod at all times has the right to call its officers to
account and, if circumstances require it, to remove them from
office in accordance with Christian procedure.
B. Duties of the President
1. The President has the supervision regarding the doctrine and
the administration of
a. All officers of the Synod;
b. All such as are employed by the Synod;
c. The individual Districts of the Synod;
d. All District Presidents.
2. It is the President’s duty to see to it that all the aforementioned
act in accordance with the Synod’s Constitution, to admonish
all who in any way depart from it, and, if such admonition is
not heeded, to report such cases to the Synod.
Bylaw 3.183 (Authority of the Board of Directors)
The Board of Directors shall
a. have the powers and duties which have been accorded to it by
the Articles of Incorporation, Constitution, Bylaws, and
resolutions of the Synod, and the laws of the State of Missouri.
d. To the extent of its responsibilities relative to the general
management and supervision of the business and legal affairs
of the Synod:
2. It [the Board of Directors] shall have the right to call up for
review, criticism, modification, or revocation any action or
policy of a program board, commission, or council, except
opinions of the Commission on Constitutional Matters.
Bylaw 3.905 d (Functions of the Commission on Constitutional Matters)
The commission shall
d. interpret the Synod’s Constitution, Bylaws, and resolutions
upon the written request of a member (congregation, ordained
or commissioned minister), official, board, commission, entity,
or agency of the Synod. Such a request may be accompanied
by a request for an appearance before the commission. An
opinion rendered by the commission shall be binding on the
question decided unless and until it is overruled by a synodical
convention . . .
The BOD, while not unanimous on these issues, has expressed its disagreement with and concerns about the referenced CCM opinions. The Board must take into consideration the laws of the State of Missouri when taking action
to protect the Synod. Since CCM opinions do not (and
should not) interpret civil law, the Board believes the referenced CCM opinions attempt to govern Board actions and
decisions in a way not allowed by Missouri law, as interpreted by two legal opinions obtained by the Board from independent legal counsel. Another legal opinion requested
by “a group of individuals . . . who love and support the
Synod” (quote taken from that legal opinion) arrives at conclusions different from those obtained by the Board. The
Board also believes the CCM, in drawing conclusions concerning the propriety of resolutions and actions of the BOD,
has exceeded its function of interpreting the Synod’s Constitution, Bylaws, and resolutions.
With these concerns, legal opinions, and constitutional
and Bylaw provisions clearly in mind, I have been and still
am, as of the date of submission of this report, attempting
to work patiently, pastorally, and evangelically to resolve
this difficult matter. At a Feb. 7, 2004, joint meeting of the
Council of Presidents and the Board of Directors, I requested a private conversation with the chairman of the
BOD and the chairman of the Commission on Constitutional Matters, who was in the meeting at that time. Following our brief time together the two chairmen issued the
following joint statement:

59

“The chairman of the Commission on Constitutional
Matters (CCM) attended the second day of the meeting,
during which discussion took place regarding decisions
of the CCM which the Board of Directors (BOD) believes
to be contrary to the laws of the State of Missouri. The
BOD will review its recent actions which declared such
opinions of no effect. The CCM will again revisit those
opinions questioned by the BOD, taking into consideration the material presented at the meeting by the BOD
as well as any actions coming from the next meeting of
the BOD.”
(Signed)
Robert T. Kuhn and Walter F. Tesch

It is my fervent hope and prayer that this matter can be
properly resolved, in accordance with the provisions of our
Synod’s Constitution, Bylaws, resolutions, Articles of Incorporation, and the laws of the State of Missouri. In Part
III of my report to the Synod during the convention, I will
hopefully have additional information to report regarding
this matter.
Church Relations
The Bylaws of the Synod state, “The President shall be
the chief ecumenical officer of the Synod. He or his representative shall represent the Synod in official contacts with
other church bodies” (Bylaw 3.101 A 5). Much time and energy are spent by the President of the Synod in relating to
other church bodies and, under Scripture and the Lutheran
Confessions, working “through its official structure toward
fellowship with other Christian church bodies” (LCMS Constitution Article III).
At the present time, the LCMS enjoys the official relationship of altar and pulpit fellowship with 28 other Christian church bodies, all bearing the name “Lutheran,” none
of them located in the United States of America, but in the
following countries:
1. Argentina—Evangelical Lutheran Church of Argentina
2. Brazil—Evangelical Lutheran Church of Brazil
3. Canada—Lutheran Church—Canada
4. Chile—Evangelical Lutheran Church of the Republic of Chile
5. Denmark—Evangelical Lutheran Free Church in Denmark
6. England—The Evangelical Lutheran Church of England
7. France and Belgium—Evangelical Lutheran Church—Synod
of France and Belgium
8. Germany—Independent Evangelical-Lutheran Church
9. Ghana—Evangelical Lutheran Church of Ghana
10. Guatemala—Lutheran Church of Guatemala
11. Haiti—The Evangelical Lutheran Church of Haiti
12. Hong Kong—Lutheran Church—Hong Kong Synod
13. India—India Evangelical Lutheran Church
14. Japan—Japan Lutheran Church
15. Korea—Lutheran Church in Korea
16. Latvia—Evangelical Lutheran Church of Latvia
17. Lithuania—Evangelical Lutheran Church of Lithuania
18. Mexico—Lutheran Synod of Mexico
19. Nigeria—The Lutheran Church of Nigeria
20. Papua New Guinea—Gutnius Lutheran Church
21. Paraguay—The Evangelical Lutheran Church of Paraguay
22. Philippines—The Lutheran Church in the Philippines
23. Russia—Evangelical Lutheran Church of Ingria in Russia
(formerly part of Finland, now St. Petersburg)
24. South Africa—Lutheran Church in Southern Africa
25. South Africa—Free Evangelical-Lutheran Synod in South
Africa
26. Sri Lanka—Lanka Lutheran Church
27. Taiwan—China Evangelical Lutheran Church
28. Venezuela—Lutheran Church of Venezuela
2004 Convention Proceedings