LCMS Convention Workbook St. Louis, Missouri — 2004, Page 321

Transcription machine transcription, uncorrected

⤓ Download .txt · copy text

OPINIONS OF COMMISSION ON CONSTITUTIONAL MATTERS 321

whether by personal testimony, deposition, written interrogatory, or
sworn affidavit...

....d. Reconcilers and panels may divulge appropriate and neces-
sary information under the following circumstances, and the parties
agree to waive confidentiality and hold the Synod, reconcilers, panels,
and panel members harmless for doing so: (1) when, as part of its nor-
mal office operations, the Synod and its representatives consult with its
staff members or outside experts regarding particular issues or prob-
lems related to a case; (2) when compelled by statute or by a court of
law; (3) when an agreement or decision has been contested or appealed;
(4) when an action has been brought against the Synod or its represen-
tatives as a result of its participation in a dispute resolution case; (5)
when the Synod or its representatives deem it appropriate to discuss a
case with the church leaders of parties; and (6) when the Synod or its
representatives deem it necessary to contact appropriate civil authori-
ties to prevent another person from being harmed....

....f. While a matter in dispute is still undecided or while an appeal
is contemplated or pending, publicity shall not be given to the issues in
the matter by any of the parties involved, the reconcilers or panel mem-
bers, or the Synod. The reconciler or panel shall bring any violation of
this Rule to the attention of the parties.

g. All Dispute Resolution Panel or Review Panel records of disputes
in which a final decision has been rendered by the Dispute Resolution
Panel or Review Panel shall be placed in the custody of Concordia His-
torical Institute. All such records shall be sealed and shall be opened
only for good cause shown and only after permission has been granted
by a Dispute Resolution Panel, selected by blind draw for that purpose.

Adopted Nov. 1, 2001

Question re the Right of the President to
Appoint Representatives to Commissions (01-2236)

In an October 26, 2001, memorandum, the President of the
Synod requested an opinion regarding his right to appoint a repre-
sentative to attend meetings of the Commission on Ministerial
Growth and Support and the Commission on Worship. To support
his right to do so, he called the attention of the CCM to Bylaws
3.101 B 1, 3.101 C 3, and 3.51.

Question: Do the Bylaws of the Synod prohibit the President of
the Synod from appointing a representative to attend meetings of
the Synod’s Commission on Ministerial Growth and Support and
Commission on Worship?

Opinion: The Commission notes that prior to the 2001 conven-
tion of the Synod, Bylaw 3.913 designated the President of the
Synod or his designee as an advisory member of the Commission
on Ministerial Growth and Support. All advisory members of the
Commission were removed by Res. 7-30 of the 2001 convention
of the Synod for the stated reason of making more effective use of
advisory input and use better stewardship of time by not requiring
advisory members to sit through entire commission meetings but
by calling upon their advisory function when their area of expertise
comes into view and by allowing flexibility to solicit advice as the
needs dictate.

The following sections of the Constitution and Bylaws of the
Synod are pertinent to the question at hand:

Article XI A |: The officers of the Synod must assume only such
rights as have been expressly conferred upon them by the Synod....

Bylaw 3.101 B 1: [The President shall] oversee the activities of all
agencies of the Synod to see to it that they are in accordance with the
Constitution, Bylaws, and resolutions of the Synod (each commission is
an agency of the Synod according to Bylaw 3.51).

Bylaw 3.101 B 5: [The President shall] call up for review any action
by an...agency which, in his view, may be in violation of the Constitu-
tion, Bylaws, and resolutions of the Synod and, if he deems appropriate,
request that such action be altered or reversed...

Bylaw 3.101 C 3: [The President shall] personally, or by way of a
representative, have the option to attend all meetings of the Synod’s
program boards, the boards of all Synodwide corporate entities, and
Worker Benefit Plans, including executive sessions. The President’s
Tepresentative shall normally be a member of the Administrative Team.
The President shall, in reasonable time, receive notice of such meetings,
the proposed agenda, and minutes thereof.

Bylaw 3.179: The Administrative Team consists of the President,
First Vice-President, Chief Financial Officer, Chief Administrative Of-
ficer, and the Secretary and shall be under the leadership of the Presi-
dent. The team shall assist the President and the Board of Directors of
the Synod in carrying out their respective responsibilities for oversight,
supervision, management, and coordination as set forth in the Constitu-
tion, Bylaws, and resolutions of the Synod.

Bylaw 3.175: The Chief Administrative Officer shall

a. meet regularly with the executive officers of program boards,
commissions, and Synodwide corporate entities as the liaison with the

Board of Directors and the President of the Synod;

b. provide leadership to assure that the mission and ministry ac-
tivities of the church are being carried out in a coordinated, cooperative
’ and efficient manner.

Bylaw 3.51 (Definitions) b: Commission: A group of persons,
elected or appointed as prescribed in the Bylaws, rendering a precisely
defined service function of the Synod and responsible, as the case may
be, to the Synod in convention, to the President of the Synod, or to the
Board of Directors of the Synod....

Bylaw 1.07 d: Each...commission that serves the Synod in a spe-
cific area of program or ministry...adopts programs in its assigned area
of responsibility; administers the programs and resources as provided
or authorized by the Constitution and applicable Bylaws, or as assigned
by the respective convention or board; and proposes modifications
thereto....It shall report its activities to the respective convention, pres-
ident, and board.

Bylaw 3.101 C 3 provides that the President, or his representative,
has the option to attend all meetings of three specific agencies of the
Synod: (1) its program boards; (2) the boards of all Synodwide cor-
porate entities; and (3) Worker Benefit Plans. This bylaw addresses
the very issue that is the subject of the question. It makes no mention
of commissions and this omission leads the Commission to conclude
that the President does not have the authority to personally or by his
representative attend all meetings of the Commission on Ministerial
Growth and Support or the Commission on Worship.

The President does appoint the members of these two commis-
sions. However, his appointees are not his representatives. The duty
of a board or commission is to carry out the functions of that board
or commission as enumerated in the Bylaws of the Synod and not
to represent the appointing authority, except when specifically pro-
vided in the Bylaws.

How then does the President interact with the Commission on
Ministerial Growth and Support and the Commission on Worship?
These commissions are responsible to the President (Bylaw 3.51
b). These commissions are required to report their activities to the
President (Bylaw 1.07 d). The Chief Administrative Officer is re-
quired to meet regularly with the executive officer of each of these
commissions as liaison with the President (Bylaw 3.175). The Pres-
ident has the duty to oversee the activities of each of these com-
missions to see to it that they are in accordance with the Constitu-
tion, Bylaws, and resolutions of the Synod and has the authority to
call up for review any action by either of these commissions and
request that such action be altered or reversed if he is of the opinion
that such action is in violation of the Constitution, Bylaws, or res-
olutions of the Synod. In addition, the President always has the
right to address these commissions in person, by his representative,
or by written communication to express his concerns, but he does
not have the authority to have his representative attend their meet-
ings as a quasi nonvoting member of the commission.

Adopted Nov. 1, 2001

Questions re Appointment of
Interim Directors (01-2237)

The President of the Synod, in an October 26, 2001 memoran-
dum requested an opinion relating to Bylaw 3.101 C 4 and the
powers and duties of the President of the Synod when interim ex-
ecutive directors or interim chief executive officers are appointed.

Question |: “When a program board, commission, or govern-
ing board of a Synodwide corporate entity appoints an interim ex-
ecutive director or chief executive officer, does the slate of candi-
dates for such an interim position require the mutual concurrence
between the appointing board and the President of the Synod?”

2004 Convention Workbook