LCMS Convention Workbook St. Louis, Missouri — 2004, Page 288

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288 STRUCTURE, PLANNING, AND ADMINISTRATION

their activities to taking or giving offense, causing confusion in the
Synod or creating potential liability” (emphasis added); and

Wuereas, The Board of Directors of the Synod is expected to
act in accordance with the Constitution, Bylaws, and resolutions of
the Synod (cf. Bylaw 1.07 a); and

WHEREAS, The Bylaws clearly state: “[The Board of Directors]
shall have the nght 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 3.183 d 2, emphasis added) and “An opinion ren-
dered by the [CCM] shall be binding on the question decided un-
less and until it is overruled by a synodical convention” (Bylaw
3.905 d); and

WHEREAS, It is reported that, by a majority vote, the Board of
Directors violated the Constitution and Bylaws in an official action
of the Board on Nov. 21, 2003, by unconstitutionally declaring cer-
tain opinions of the Commission on Constitutional Matters “of no
effect”; and

WHEREAS, It was officially reported that the minority voting,

against such violation of the Constitution and Bylaws were Dr.
Betty Duda, Dr. Jean Garton, Mr. Oscar Hanson, and Dr. Edwin
Trapp Jr.; and

WHEREAS, It was reported that President Kieschnick was not
present nor was Elizabeth Fluegel present for the meeting and thus
did not vote on this resolution; and

WHEREAS, The terms of Dr. Karl Barth and Mr. Ernest Garbe
terminate at this convention, and they are not eligible for reelec-
tion; and

WHEREAS, The terms of Rev. Ed Balfour and Mr. Theodore
Kober come to an end at this convention, but they are eligible for
reelection; and

WueREAS, The terms of Rev. James Fandry, Dr. Robert Kuhn,
Mr. David Hawk, and Mr. Christian Preus continue until the 2007
convention; therefore be it

Resolved, That for valid cause the Rev. James Fandry, Dr.
Robert Kuhn, Mr. David Hawk, and Mr. Christian Preus be re-
moved immediately upon this vote from office on the Board of Di-
rectors of The Lutheran Church—Missouri Synod; and be it fur-
ther

Resolved, That the Committee for Nominations of this conven-
tion prepare a slate of nominees in preparation for a ballot in order
that the convention assembled may immediately elect replacements
to fill the unexpired terms of those members who have been re-
moved from office.

Prince of Peace, Orlando, FL; Circuits 20 and 21, South
Wisconsin District; Circuits 17 and 19, Texas District

7-114

To Remove Members of Board of Directors from Office

Whereas, Jesus clearly teaches that “a house divided against
itself cannot stand” (Mark 3:25 and Luke 11:17); and

WHEREAS, The elected officers of the Synod are to “serve the
Synod in accordance with the duties assigned to them or otherwise
authorized by the Constitution and appropriate Bylaws” (Bylaw
1.07 b); and

WHEREAS, “Primary responsibility is given to each officer, to
the extent of his jurisdiction, for implementing specific decisions of
the appropriate . . . commissions” (Bylaw 1.07 b); and

WHEREAS, The Commission on Constitutional Matters has the
responsibility to “interpret the Synod’s Constitution, Bylaws, and
resolutions,” and “‘an opinion rendered by the commission shall be
binding on the question decided unless and until it is overruled by a
synodical convention” (Bylaw 3.905 d); and

WHEREAS, “The officers of the Synod must assume only such
rights as have been expressly conferred upon them by the Synod,
and in everything pertaining to their rights and the performance of

their duties they are responsible to the Synod” (Constitution XI A
1); and .

Wuereas, Nowhere in the Constitution or Bylaws is there any
provision for the synodical Board of Directors to declare any opin-
ion of the CCM to be of “‘no effect”— as they have done (Minutes
[2003] of the Board of Directors, pp. 231, 233); and

WHEREAS, 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; therefore be it

Resolved, That the Synod, in convention, recognize that the ac-
tions of the Board of Directors have exceeded their authority and
therefore is calling the members of the Board to account by re-
moving them from office; and be it further

Resolved, That the Committee on Nominations for the 2004
LCMS convention be directed to prepare a list of candidates for
election to the Board of Directors, with some members to serve for
the regular six year terms and the remainder for three years and that
this election takes place before the conclusion of this convention.

Mt. Olive
Poway, CA

7-115

To Require Board of Directors
to Withdraw Actions re CCM Opinions

WHEREAS, The Board of Directors of The Lutheran Church—
Missouri Synod on Nov. 21, 2003, took issue with a number of
opinions of the Commission on Constitutional Matters, declaring
them to be “of no effect”; and

WHEREAS, The Board of Directors of The Lutheran Church—
Missouri Synod acted in deference to its provided authority in
Bylaw 3.183 d 2 (“It shall have the right to call up for review, crit-
icism, modification, or revocation any action or policy of a pro-
gram board, commission, or council, except opinions of the Com-
mission on Constitutional Matters” [emphasis added]); and

WHEREAS, The purpose of the Constitution and Bylaws of The
Lutheran Church—Missouri Synod is to guide our “walking to-
gether” as a Synod; therefore be it

Resolved, That the Synod, in convention, require that the LCMS
Board of Directors withdraw their actions of Nov. 21, 2003, and
retract their declarations regarding the opinions of the CCM; and be
it further

Resolved, That the LCMS Board of Directors apologize to the
members of the Synod regarding these actions, thus establishing a
true example of “walking together” in true humility and love as
members of the body of Christ Jesus here on this earth.

St. John
Hamilton, TX

7-116

To Require Prior Disclosure of Special Legal Opinions

WuerEAS, The LCMS Board of Directors has solicited and re-
ceived two legal opinions concerning the powers of the Board of
Directors under Missouri State Law; and

WHEREAS, The Board of Directors has merely released a sum-
mary of its understanding of the thrust of these opinions, without
providing their text to the membership of the Synod; and

Wtereas, The Board of Directors has failed to release the text
of these opinions to the membership of the Synod, citing the
lawyer-client privilege; and

WHEREAS, The Board of Directors has requested the Commis-
sion on Structure to offer changes in the synodical structure (Arti-
cles of Incorporation, Constitution, and Bylaws) to embody the
thrust of these legal opinions; and

Whereas, According to the official minutes of the Board of Di-
rectors, a motion was adopted to “approve the following sugges-
tions for follow-up actions to the Bryan Cave legal opinion: . . . (2)