LCMS Convention Workbook St. Louis, Missouri — 2004, Page 331

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OPINIONS OF COMMISSION ON CONSTITUTIONAL MATTERS 331

Synod, recognizing the desirability of uniformity as well as the
wide divergences that exist among congregations. While the guide-
lines may also serve to promote unity in the Synod, such unity is
grounded in “common confession and mission” (Bylaw 1.01) ac-
cording to the requirements of membership established by the con-
gregations (Article VI; Bylaw 1.05 d).

Adopted April 15-17, 2002

Questions re Duties of the President and
Board of Directors, Dispute Process (02-2257)

In a letter dated February 13, 2002, a pastor of the Synod, em-
phasizing their urgency, “put seven questions to the Commission
on Constitutional Matters in view of recent and important devel-
opments.”

Question 1: “Constitution XI B sets forth the duties of the Pres-
ident of Synod. Is it legitimate to use a Bylaw (e.g. 2.27 g) to
abridge Constitution XI B?”

Qpinion: It is never appropriate for a bylaw to abridge any part
of the Constitution. The Commission opines that the bylaw in ques-
tion does not impinge upon Article XI of the Constitution.

Question 2: “Constitution Article XI C 1 states that the Vice-
Presidents shall function upon request of the President. Do the
Vice-Presidents of Synod have the authority to assume his func-
tion without the request of the President?”

Opinion: Article XI C 2 and Bylaw 3.105 provide such provi-
sion in the case of disability, deposition from office, or death. Other
than under such circumstances, the Vice-Presidents have no au-
thority to assume any function of the President unless specifically

provided for by the Constitution and Bylaws of the Synod under .

certain conditions or situations.

Question 3: “Constitution Article XI A 1 limits the officers of
the Synod only to such rights as have been expressly conferred
upon them by the Synod. Do the Board of Directors, the Secretary
of Synod, or the Vice-Presidents of Synod have the authority to di-
rect the President in his constitutionally mandated responsibilities?”

Opinion: None of the officers mentioned has the authority to di-
rect the President in his constitutionally-mandated responsibilities.

Question 4: “Constitution Article XI F 2 sets forth the duties of
the Board of Directors: ‘It shall exercise supervision over all the
property and business affairs of the Synod.’ Does this include ‘gen-
eral oversight responsibilities for the behavior of the Synod’s mem-
bers toward one another?’” ‘

Opinion: The Board of Directors does not have general over-
sight responsibility for the behavior of the Synod’s members to-
ward one another.

Question 5: “In light of Bylaw 3.183 d 2, does the Board of Di-
rectors have the authority to order the Communications Depart-
ment, the editor of the REPORTER, all program boards, all offi-
cers of Synod, and all staff not to distribute information?”

Opinion: The Commission will respond to this question in its
forthcoming opinion 02-2259.

Question 6: “When a complaint is filed under Bylaw 2.27, is it
legitimate to invoke the limitation of 8.21 e before the steps man-
dated in 2.27 have been completed? To do so confuses two inten-
tionally separate procedures.”

Opinion: See Opinion 02-2251.

Question 7: If Matthew 18 has not been followed as Scripture it-
self requires, and as referenced in Bylaws 2.27 a 2, Preamble to
Chapter VIII, and 8.07 e, then must not charges be dropped with
prejudice?

Opinion: The Bylaws make no such provision. Such concern
should be brought to the District President. However, Matthew 18
is an integral part of the entire dispute resolution procedure, even as
reconciliation is the ultimate goal of the entire process. This is
clearly stated in the Preamble to Chapter VIII: “The words of Jesus
provide the basis for church discipline for the local congregation.
The same passage-also grants Christ’s guidance for all Christians in
seeking to settle other disputes, many of which fall outside the

purview of church discipline involving the congregation. In either
case, the steps of Matthew 18 should be applied lovingly in both
formal and informal settings. The parties and others attempting to
effect resolution of a dispute must always remain mindful that the
church has been given the ‘ministry of reconciliation’ (2 Cor. 5:18).
Hence, conflict resolution in the church is to lead to reconciliation,
restoring the erring member in a spirit of gentleness (Gal. 6:1). Its
aim is to avoid the adversarial system practiced in society” (Pre-
amble to Chapter VIII, paragraph 3).

Adopted April 15-17, 2002

Questions re Board of Directors and
Board for Communication Services Relationship
(02-2259)

In letters dated February 20 and 28, 2002, the chairman of the
Board for Communication Services and a pastor of the Synod ques-
tioned the right of the Board of Directors to adopt its February 1, 2002
resolution, “To Bring Publicity to an Immediate Halt.” The Commis-
sion offers the following responses to the questions submitted.

Question 1: “In light of the limitations placed on the jurisdic-
tion of the Board of Directors to the supervision of property and
business affairs of the Synod (Const. Art. XI F 2; cf. Bylaw 1.07 c),
has the Board of Directors by its resolution usurped the authority
given to the President by the Constitution and Bylaws? Does the
assertion of the Board of Directors in this issue vitiate the power
of the President to carry out the responsibilities given him by the
Constitution (Art. XI B 1, 2, 3 and 4) and Bylaws (Bylaw 3.101),
since this issue is ecclesiastical and theological in nature? Does the
Board of Directors exceed its jurisdiction and authority to act in
light of Art. XI B 1, 2, 3 and 4 when it orders the President of the
Synod not to distribute information that he is not otherwise re-
stricted by Bylaw or convention resolution from distributing?”

Opinion: Article XI F defines the constitutional role and duties
of the Board of Directors and its authority. Bylaw 1.07 c reaffirms
its status as legal representative and custodian of all property of the
Synod and its responsibility for the general management of the
business affairs of the Synod. Bylaws 3.183 to 3.189 further elabo-
rate on those issues. The Board of Directors has those “powers and
duties which have been accorded to it by the Articles of Incorpora-
tion, Constitution, Bylaws, and resolutions of the Synod” (Bylaw
3.183 a) and is required to “provide for the coordination of the
policies and directives authorized by the Constitution, Bylaws, and
resolutions of the Synod, evaluate plans and policies, and commu-
nicate to the appropriate boards and commissions suggestions for
improvement” (Bylaw 3.183 b). It is “responsible for the general
management of the business and legal affairs of the Synod and is
authorized to take on behalf of the Synod any action related to such
business and legal affairs which has not been expressly delegated
by the Constitution, Bylaws, and resolutions of the Synod to other
officers or agencies of the Synod, and as to those it shall have gen-
eral oversight responsibility” (Bylaw 3.183 c). To the extent of its
responsibilities relative to the general management and supervision
of the business and legal affairs of the Synod, or as required by
Resolution 7-03C of the 2001 convention, such management and
supervision includes “the right to call up for review, criticism, mod-

’ ification, 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). The Board is also re-
quired to “allocate available funds to the program boards, commis-
sions, councils, and departments of corporate Synod and hold them
accountable therefore” (Bylaw 3.183 d).

Article XI B defines the duties of the President and imposes on
and grants to him the ecclesiastical supervision of the Synod. These
duties and powers are further defined in Bylaw 3.101, including
the provision that “the President of the Synod has ecclesiastical su-
pervision of all officers of the Synod and its agencies,...” (Bylaw
3.101A 1) with the power to “call up for review any action by an
individual officer, executive, or agency which, in his view, may be
in violation of the Constitution, Bylaws, and resolutions of the
Synod...” (Bylaw 3.101 B 5).

2004 Convention Workbook