LCMS Convention Workbook St. Louis, Missouri — 2004, Page 272

Transcription machine transcription, uncorrected

⤓ Download .txt · copy text

272 STRUCTURE, PLANNING, AND ADMINISTRATION

To help remove any remaining concerns regarding partiality in
appointments to these important positions, the Commission on
Structure recommends the following Bylaw change.

PRESENF/PROPOSED WORDING
Resolved, That Bylaw 3.903 be amended as follows:
3. The President of the Synod, in consultation with the Vice-
Presidents of the Synod and with the mutual concurrence of the
Board of Directors, shall appoint the members of the commis-
sion from the list presented by the Council of Presidents.

Commission on Structure

7-64

To Elect Members of Commission
on Constitutional Matters

WHEREAS, The President of the Synod is frequently a party to,
or involved in, questions in dispute that must be decided by the
Commission on Constitutional Matters; and

WHEREAS, The District Presidents of the Synod also are fre-
quently parties to questions in dispute that must be decided by the
Commission on Constitutional Matters; and

WHEREAS, The Commission on Constitutional Matters is cur-
rently appointed by the President of the Synod from a list presented
by the Council of Presidents; and

WHEREAS, The Commission on Constitutional Matters is called
upon to interpret the Synod’s Constitution, Bylaws, and resolu-
tions, and to make decisions on the authority and responsibilities
of the President of the Synod and the District Presidents; and

WHEREAS, It is important and beneficial to have a Commission
on Constitutional Matters that is completely independent of the
President of the Synod and District Presidents in order to maintain
objectivity, independence, fairness, and distinction of authority and
responsibilities; and

WHEREAS, Recent decisions of the Commission on Constitu-
tional Matters have given broad, unprecedented power to the Synod
President and District Presidents; therefore be it

Resolved, That the Minnesota North District request that the
Synod at its 2004 convention amend Bylaw 3.903 so that the mem-
bers of the Commission on Constitutional Matters shall be elected
by the Synod in convention.

Minnesota North District

7-65
To Amend Bylaws to Elect Members of CCM

WHEREAS, The members of the Commission on Constitutional
Matters are currently appointed by the President of the LCMS from
a list of candidates provided by the Council of Presidents; and

WHEREAS, The President of the Synod and District Presidents
have often made requests to the CCM for their opinion on issues
of controversy; and .

WHEREAS, This practice may give the impression that a conflict
of interest exists (in that the appointees are asked by those who ap-
pointed them to give opinions concerning issues in which they are
personally involved); and

WHEREAS, The election of the members of the CCM would re-
move this perceived conflict of interest; therefore be it

Resolved, That the LCMS elect the members of the CCM, be-
ginning with the 2007 convention (2 ordained ministers and |
lawyer for full 6-year terms, and 1 ordained minister and 1 lawyer
for an initial 3-year term); and be it further

Resolved, That the Bylaws be amended as follows: In Bylaw
3.57 the words “A Commission on Constitutional Matters” be re-
moved from paragraph a and be added to a new paragraph d:

d. Elected by the convention of the Synod:
A Commission on Constitutional Matters

and be it finally

Resolved, That in Bylaw 3.903 a, the word “appointed” and
subsections 1-3 be removed, and a new paragraph d be added to
read similarly to the Bylaw for the CTCR:

d. Vacancies shall be filled by the Board of Directors of The
Lutheran Church—Missouri Synod, and they shall follow the nomina-
tions procedures as outlined in the Bylaws of the Synod for synodically
elected boards or commissions.

Quincy Circuit Forum 4
Central Illinois District

7-66

To Elect Members of CCM

WHEREAS, The Synod President has the final authority to ap-
point the members of the Commission on Constitutional Matters;
and

WuereEAS, This limits the rights of the convention delegates to
be involved in the selection process; and

WHEREAS, It is a good thing to have the delegates involved in
the life of the Synod and the conduct of her business; therefore be it

Resolved, That the Synod, in convention, change the Synod’s
Bylaws to reflect that the Commission on Constitutional Matters
shall be made up of five members, all of whom shall be elected at
the Synod convention, beginning at the 2007 Synod convention.

Crookston Circuit Forum
Minnesota North District

7-67

To Amend Bylaws to Elect Commission
on Constitutional Matters

WHEREAS, In response to the question “May a District President
who has acted in a matter, after having received the advice and au-
thorization of the synodical president, be charged under Bylaw 2.27
for such an act?” the Commission on Constitutional Matters (CCM)
in its Opinion 02-2309 stated that even if “an act is in fact contrary
to Article XIII of the Constitution, the member who has acted can-
not be charged since he/she acted according to the advice of his/her
ecclesiastical supervisor”; and

WHEREAS, In stating this opinion, the CCM has in fact amended
Art. XIII of the Constitution, since Art. XIII makes no such provi-
sion or exception for permitting any member to “act contrary to the
confession laid down in Article II, and to the conditions of mem-
bership laid down in Article VI,” even if he/she has received coun-
sel and authorization from his/her ecclesiastical supervisor permit-
ting him/her to do so; and

WHerEAS, The actions of the CCM in rendering this opinion—
whether through misplaced respect and loyalty for their appointing
authority, or whether through simply having erred in their deci-
sion—have rendered an opinion that in fact amends the Constitu-
tion, without the Commission having the authority to amend the
Constitution; and

WHEREAS, In the present procedure of appointing the Commis-
sion on Constitutional Matters, the potential for conflicts of interest
exist, as well as perceived conflicts of interest that may seriously
divide our Lord’s church; and

WHEREAS, We strive to do everything “decently and in order
(1 Cor. 14:40) and to use the diversity of gifts given to our Synod
for the common good (1 Cor. 2:4~31), it seems to be a better pro-
cedure that the Commission on Constitutional Matters would be
elected by the Synod in convention; therefore be it

Resolved, That The Lutheran Church—Missouri Synod declare
that Chapter “III. Synodical Organization”; Section “H. Commis-
sions”; Subsection “1. Commission on Constitutional Matters” of
the Bylaws of the LCMS be amended as follows: