LCMS Convention Proceedings St. Louis, Missouri — 2007, Page 171

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LATE REPORT
The following report (LR8-01) was received after the
deadline for receipt of reports and overtures but has been
accepted for convention consideration according to Bylaw
3.1.6 (a) as “a matter of overriding importance and urgency
which is not adequately covered by documents already before the convention.”

2. William Diekelman, First Vice-President of the Synod
3. Raymond Hartwig (secretary), Secretary of the Synod
4. Thomas Kuchta, Vice-President–Finance—Treasurer of
the Synod
5. Ronald Schultz, Chief Administrative Officer of the
Synod
6. Jean Garton, member of the Board of Directors, appointed by the President

LR8-01

Resolution 7-02A Committee

7. Walter Tesch (chairman), member of the Board of Directors, appointed by the Board of Directors

Introduction
The 2004 convention of The Lutheran Church—Missouri
Synod created the Resolution 7-02A Committee. With the
adoption of Resolution 7-02A (the full text is in Appendix A
of this report), which included amendments to the Synod’s
Articles of Incorporation and Bylaws, the Synod said,
…Resolved, That the convention consider this action as resolving the current difficulty but directs the President and Board
of Directors jointly to appoint a committee to address the matter and report to the 2007 convention;…

As indicated in that Resolved and as will be seen in this
report, the 2004 convention recognized the difficulty and
confusion that prompted the presentation of Resolution 702A. In adopting the resolution, the convention resolved
“the current difficulty” by amending the Articles of Incorporation and Bylaws of the Synod. It also created the 7-02A
Committee to “address the matter and report to the 2007
convention….”
“The matter” is explained in the WHEREAS section of Resolution 7-02A. Furthermore, “the matter” relates to questions that arose and subsequent actions that were taken
during the triennium preceding the 2004 convention that
involved the authority and responsibility of the Synod’s
Board of Directors (“the Board”) as defined by the Constitution and Bylaws of the Synod and by the laws of the State
of Missouri. Similarly, “the matter” has to do with whether
official opinions of the Synod’s Commission on Constitutional Matters (“the Commission”) having to do with such
authority and responsibility of the Board under the Constitution and Bylaws of the Synod were authoritative in light
of the laws of the State of Missouri.

8. Robert Roegner, Executive Director of the Board for
Mission Services, appointed by the President
9. Matthew Harrison, Executive Director of the Board for
Human Care Ministries, appointed by the Board of Directors
10. Lane Seitz, President of the Minnesota South District,
appointed by the President
11. Ronald Garwood, President of the Wyoming District,
appointed by the Board of Directors
The appointment process was completed by March 5,
2005. The 7-02A Committee met for the first time August
31, 2005, and thereafter by subcommittee, telephone conference, and face-to-face meetings. At its final meeting on
April 13, 2007, the 7-02A Committee approved this report
to the 2007 convention of the Synod. The committee respectfully submits this report in the hope and with the
prayer that it will provide a reasonable solution and helpful
assistance to the Synod in resolving conflict and confusion
over “the matter” addressed in Resolution 7-02A.
A Summary of “The Matter”
To assist the Synod and especially the delegates to the
2007 convention, the committee offers what it believes to
be a succinct summary of the essence of “the matter” to be
addressed by the 7-02A Committee:
1. The essence of “the matter” relates to the delegation and exercise of authority in our Synod. The LCMS has never had a
primarily hierarchical system of authority. Checks and balances have always been an integral part of the organization
and administration of the LCMS. Its system of governance
historically and traditionally includes boundaries that all,
including officers of the Synod such as the Board of Directors, must honor and uphold. At the same time, there are
decisions to be made and actions to be taken by officers,
boards, or other entities within the Synod that have potential or real legal and/or liability implications. In such cases,
what responsibility and/or authority does the Board of Directors have to overrule a decision or action in order to protect the Synod and its assets? This is the essence of “the
matter.”

The 7-02A Committee
Following the convention, the President of the Synod
and the Board of Directors reached agreement on the composition of this Resolution 7-02A Committee, to include the
Administrative Team of the Synod (President, First VicePresident, Secretary, Vice-President–Finance—Treasurer,
and Chief Administrative Officer) and representatives from
the Board of Directors (2), the program boards and commissions of the Synod (2), and the Council of Presidents (2)—
one each of these representatives to be appointed by the
President and one each by the Board of Directors. The following persons served on the “7-02A Committee”:
1. Gerald Kieschnick, President of the Synod

2. The Bylaws describe the authority and responsibilities of
the Board of Directors, especially Bylaws
• 3.3.5: “The Board of Directors of the Synod is the legal representative of the Synod and the custodian of all the property of the Synod. It shall be accountable to the Synod in
convention for the discharge of its duties.”

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2007 Convention Proceedings