LCMS Convention Workbook St. Louis, Missouri — 2004, Page 290

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290 STRUCTURE, PLANNING, AND ADMINISTRATION

lowing triennium also before the interim. The policy implicit in
Bylaw 3.67, then, would seem to conflict with the interpretation of
Bylaw 3.59 b used by the Board of Directors.

The words “on or after Sept. 1” in CCM Opinion 01-2231 refer
to Bylaw 3.65, which also conflicts with Bylaw 3.59 b. Induction
of appointed members of synodical agencies into office subsequent
to Sept. 1 as envisioned in Bylaw 3.65 (and subsequent to induction
of the Board of Directors) would make it easier for a new Board of
Directors to make its appointments. (At the same time, a strict in-
terpretation of Bylaw 3.59 b does not make it impossible for a
newly elected Board of Directors that is inducted on Sept. | to meet
formally and make appointments in time for its appointees also to
be inducted later in the day on Sept. 1 following a national con-
vention of the Synod. The names of nominees can be screened by
the new BOD before Sept. 1 so that appointments can be made that
day. Indeed, Bylaws 3.67 d and 3.67 a seem to indicate that newly
elected officers should use the interim between the convention and
induction into office to prepare for carrying out their new respon-
sibilities, including “obtaining:information helpful for making wise
appointments.”)

The CCM subsequently opined: “It is reasonable to advocate
that no appointments should be made for a new triennium by an
outgoing Board of Directors prior to those positions becoming va-
cant at the end of the triennium. It is also reasonable to conclude
that it would be difficult for the Board of Directors to make in-
formed appointments upon taking office on Sept. 1 and expect
those appointees also to take office on Sept. | (cf. Bylaws 3.59 b
and 3.65). Therefore, the Commission recommends that this matter
be referred to the Commission on Structure for the development of
a convention action that will resolve this question” (03-2371).

Resolved, That the Bylaw changes presented below be adopted;
and be it further

Resolved, That any appointments for the 2004-07 triennium be
made only by those appointing authorities prescribed in the By-
laws, including the Board of Directors, who are elected or reelected
by the 2004 convention of the Synod; and be it finally

Resolved, That any appointments made for the 2004-07 trien-
nium by any appointing authority, including the Board of Direc-
tors, prior to this convention are null and void.

PROPOSED WORDING
3.59 Term of Office

a. The term of office of all elected synodical officers shall
be three years; of the members of all elected synodical boards
six years; of all members of college and university boards of re-
gents three years;* and of all appointed boards, commissions,
and standing committees three years, unless these Bylaws shall
hereinafter specifically provide otherwise.

b. The President, Vice-Presidents, Secretary, Vice-President—
Finance—Treasurer, and members of all elected boards shall as-
sume office on or subsequent to Sept. 1 following their election.
The newly appointed members of all appointed boards and com-
missions shall begin their service on or subsequent to Sept. 1 fol-
lowing each regular meeting of the Synod in convention. Incum-
bents shall serve until their successors assume office.

c. Appointments prescribed in the Bylaws are to be made by
the Board of Directors in conjunction with its first meeting fol-
lowing each national convention of the Synod and by the Presi-
dent within 30 days of assuming office following each national
convention of the Synod. No appointing authority, including the
President and the Board of Directors of The Lutheran Church—
Missouri Synod, shall make any appointments for terms that
begin in a trienni n triennium in which the

in nts

Bethany
Menlo Park, CA

7-120

To Require Explanation
for Refusal to Accept Overtures

WHEREAS, An increasing number of overtures sent to officials of
The Lutheran Church—Missouri Synod for conventions to con-
sider are not being submitted to conventions; and

WuEREAS, Officials cite Bylaw 3.19 c as the reason for not sub-
mitting these overtures. This Bylaw says: “c. Overtures with refer-
ence to a case in which a member has been suspended or expelled
and which is at present in the process of or subject to appeal, as
well as overtures which, upon advice of legal counsel, may subject
the Synod or the corporate officers of the Synod to civil action for
libel or slander, shall not be accepted for convention considera-
tion”;

WHEREAS, The overtures that The Lutheran Church—Missouri
Synod’s legal counsel say may subject the Synod or its corporate
officers to civil action or slander pertained to “Homosexuals Serv-
ing as LCMS Pastors and Professors,” “Disallowing Association
with Clinical Pastoral Education Organization and Affirmation
from Seminex Supporters in LCMS,” “Supporting the Persecuted
and Not the Persecuted in China, Retraction and Affirmation from
Seminex Supporters in The Lutheran Church—Missouri Synod”
(overtures published in the May 7, 2001, Christian News together
with a letter from LCMS Secretary Raymond Hartwig declining
consideration of overtures); “Creation and Evolution in LCMS
Schools,” “To Declare against Same Sex Marriages and Homosex-
ual Pastors and Professors,” “Reinstate Dr. Wallace Schulz as
Lutheran Hour Speaker,” “Remove LLL from Synod Auxiliary
Status Because Its Policy in Action Conflicts with LCMS Bylaw”
(Christian News, May 19, 2003); and

WuereAs, The Lutheran Church—Missouri Synod’s legal
counsel, when asked to give the reasons why the above overtures
may subject The Lutheran Church—Missouri Synod or its officers
to legal action, refused to respond; therefore be it

Resolved, That when The Lutheran Church—Missouri Synod’s
legal counsel advises LCMS leaders not to present some overture to
an LCMS convention, this legal counsel should show the congre-
gation or conference submitting the overture how its overture could
get the LCMS into legal difficulty.

Trinity
New Haven, MO

7-121

To Avoid Centralization and Prepare
New Constitution and Bylaws

WuerEAS, Local congregations are God-ordained units of the
church while synods are merely human associations; and

WHEREAS, Art. VII of the Constitution of The Lutheran Church—
Missouri Synod clearly states “with respect to the individual con-
gregation’s right of self-government, it is but an advisory today”;
and

WHEREAS, The Synod by design was fashioned along lines that
were intended to provide a safeguard against centralization of
power and domination by ecclesiastical authority (Heritage in Mo-
tion, ed. August R. Suelflow; p. 157); and

WHueREAS, Jesus our Lord affirms that He has called us to be
servants to one another (Mark 10:42ff.); therefore be it

Resolved, That we again direct all members of the Synod to
avoid centralization with the Synod structure (1981 Proceedings,
pp. 122-25).

Circuit 6, Northern Illinois District; Trinity, Roselle, IL