LCMS Convention Proceedings St. Louis, Missouri — 2004, Page 80

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80

REPORT OF THE PRESIDENT

Where our plows have been broken, it is time to weld
them back together. It is common knowledge that a oncebroken piece of metal, welded together, is stronger than it
was before. God has brought us to such a time as this in the
history of The Lutheran Church—Missouri Synod.
• It is time for our divisions to be welded through the
love of God in Christ Jesus.
• It is time for us to face our challenges and overcome
our difficulties.
• It is time for us to be made strong by Almighty God
for the mission that lies ahead.
• It is time to be Ablaze! with the flame of the Gospel
whereby many—100 million and more—will have
hearts that burn within them because of the presence
of the living God.
By God’s grace and power, it is my prayer that a Scripture-inspired and Spirit-led vision for leading this church
forward in the days ahead will be blessed and nurtured so
that
• we will be a church focused on the One Mission of
seeking the lost for Christ;
• by communicating the One Message that Jesus Christ
alone is the Savior of the world;
• as the One People God has called us to be, striving
side by side for the faith of the Gospel.
May God empower us to be a church in One Mission—
Ablaze!, in the Name of Jesus Christ!
Thank you and God bless you, dear brothers and sisters
in Christ!
Gerald B. Kieschnick, President

LR 1-8

The President’s Special Report
to the Convention Floor Committee
Weekend May 23, 2004
LCMS Board of Directors and Bylaws Regarding
Opinions of Commission on Constitutional Matters
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). The primary issue at hand is the adoption of two resolutions by majority vote of the Board at its meeting in Miami,
November 20–22, 2003, stating that the Board “cannot agree
with or accept” eight specific opinions of the Synod’s Commission on Constitutional Matters (CCM/Commission) and
declaring these opinions “of no effect.”
For many months the BOD has expressed disagreement
with these CCM opinions, resulting from the Board’s acute
awareness of its responsibilities as “the legal representative of the Synod and the custodian of all of the property of
the Synod” (Bylaw 3.181). Especially during the past 6
months the Board and Commission have exchanged dialogue, discussion, and disagreement, including face-to-face
2004 Convention Proceedings

meetings regarding this matter. As President of the Synod
and a member of the BOD, I have both understood the
Board’s proper concerns for protection of Synod assets from
liability or litigation and also questioned Board actions and
decisions regarding these CCM opinions.
Regarding the matter at hand, in response to various
questions regarding ecclesiastical supervision and general
fiscal and supervisory authority of the BOD, the CCM rendered its official opinions in three separate meetings from
June 2002 to September 2003. The Bylaws of the Synod
state that a CCM Opinion “shall be binding on the question
decided unless and until it is overruled by a synodical convention” (Bylaw 3.905 d).
The Constitution of the Synod clearly stipulates, “The
officers of the Synod must assume only such rights as have
been expressly conferred upon them by the Synod” (LCMS
Constitution, Article XI A 1). The rights conferred upon the
Board of Directors “to call up for review, criticism, modification, or revocation any action or policy of a program
board, commission, or council” specifically and expressly exclude the rights to do so with “opinions of the Commission
on Constitutional Matters” (Bylaw 3.183 d 2).
At its meeting November 20–22, 2003, the BOD adopted
two separate resolutions regarding eight CCM opinions,
stating that the CCM:
• exceeded its “precisely defined service functions described in Bylaw 3.905”;
• “made fundamental errors” in the eight CCM opinions
in question; and
• issued “opinions that contradict the Constitution, Bylaws, and resolutions of the Synod and undermine the
authority of the members of the Synod, in convention,
and authority given to the Board of Directors . . . ”
and resolving, in part, that:
• “for the sake of the Synod and its best interests, present and future, and in carrying out its fiduciary obligation to comply with the Constitution, Bylaws, and
resolutions of the Synod, (the Board) cannot agree
with or accept” the eight specific opinions of the Commission;
• “because the CCM exceeded its authority and acted
contrary to the Constitution, Bylaws, and resolutions
of the Synod when issuing Opinions 02-2259, 03-2357,
03-2358, 03-2359, and 03-2365, those opinions are of
no effect”; and
• “CCM Opinions 02-2296, 02-2309, and 03-2330 (sic –
actually CCM Opinion 02-2320) 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 . . . ”
Appendix A of this report contains the complete text of
those two BOD resolutions.
In response to requests from four members of the Synod
to reconsider Opinions 02-2296, 02-2309, and 02-2320, the
CCM at its meeting December 13, 2003, responded by affirming the questioned opinions and clarifying its opinion