LCMS Convention Proceedings St. Louis, Missouri — 2007, Page 176

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176

LATE REPORT

with the vice-presidents of the Synod, appoints one of the
five candidates to each vacant position.
This bylaw was amended by the 2001 convention when a
final step in the appointment process was eliminated. Prior
to this amendment, the appointments by the President of
the Synod became effective only upon ratification by a majority vote of the Council of Presidents. While perhaps not
specifically or directly related to “the matter” referenced in
Resolution 7-02A, the 7-02A Committee believes that the
restoration of the final step in the appointment process that
was eliminated by the 2001 convention will help to restore
confidence in the process. The Committee therefore recommends that current paragraph (d) become paragraph (e)
and that a new paragraph (d) be inserted that will again
require final ratification by the Council of Presidents of the
appointments made by the President of the Synod, the
amended bylaw to read as follows:
PRESENT/PROPOSED WORDING
3.9.2.1.1 The Commission on Constitutional Matters shall be
appointed in the following manner:
(a) Candidates shall be nominated only by the district boards of directors and shall be presented to
the Council of Presidents through the Office of the
Secretary.
(b) The Council of Presidents shall select five candidates for each vacant position and present them
through the office of the Secretary of the Synod to
the President of the Synod.
(c) The President of the Synod, in consultation with
the vice-presidents of the Synod, shall appoint the
members of the commission from the list presented by the Council of Presidents.
(d) Thereafter the appointments shall become effective upon ratification by a majority vote of the
members of the Council of Presidents.
(e) Vacancies in appointed positions shall be filled by
following the procedure set forth above.

— VII —
Re: Bylaw 3.9.2.2
(A) Concern has been expressed that on occasion the
Commission on Constitutional Matters (CCM) has issued
an opinion that has affected an officer or agency of the
Synod but that such officer or agency was unaware of the
question placed before the Commission and thus was unable to furnish information that may have been helpful to
the Commission in arriving at its opinion. Current bylaws
include no provision for informing and inviting input from
officers or agencies affected by requests for opinions. The
7-02A Committee therefore recommends that Bylaw 3.9.2.2
be amended with the addition of new paragraph (b) providing for the notification of an officer or agency when a request for an opinion from the Commission on Constitutional Matters involves an activity of that officer or agency
and providing for an invitation to submit in writing pertinent information regarding the matter(s) at issue.
(B) Present Bylaw 3.9.2.2 (b) states that when opinions
pertain primarily to business, legal, finance, civil rights,
contracts, or property matters, the Commission shall first
consult with the Board of Directors of the Synod and/or the
2007 Convention Proceedings

Synod’s legal counsel. The 7-02A Committee recommends
that this requirement be eliminated in light of its proposal
for the addition of new paragraph (b) whereby the Board as
an officer of the Synod (Constitution Art. V) would necessarily be contacted by the Commission.
(C) Concern has also been expressed that the provisions
of present paragraph 3.9.2.2 (b), which allows opinions of
the Commission to be overruled by a convention of the
Synod, be strengthened to make more certain that such
opinions receive attention by a convention. The 7-02A Committee recommends that this matter be addressed by a new
paragraph (c) to include specific provisions that will assure
that convention overtures that seek to overrule opinions of
the Commission receive appropriate attention.
(D) Finally, present Bylaw 3.9.2.2 (b) states that the
Commission on Constitutional Matters shall interpret the
Synod’s Constitution, Bylaws, and resolutions. Article XI F
2 of the Synod’s Constitution states that the Board of Directors of the Synod is the legal representative of the Synod
and Bylaw 3.3.5.2 states that the Board “shall have the
powers and duties that have been accorded to it by the Articles of Incorporation, Constitution, Bylaws, and resolutions of the Synod, and the laws of the State of Missouri”
(emphasis added). Thus the Synod requires that the Board
be responsive to the laws of the State of Missouri. The Bylaws do not give the Commission on Constitutional Matters
the authority to interpret the laws of the State of Missouri.
The Board alone is vested with the duty to determine the
applicability of such laws as they pertain to the legal, property, and business affairs of the Synod.
Presently there is no clarification in the Bylaws of the
Synod for those relatively rare occasions when the Commission on Constitutional Matters may issue an opinion related to a legal, property, or business matter that determines that the Constitution and/or Bylaws and/or
resolutions of the Synod require a certain conclusion, while
the Board of Directors determines, after consulting with the
Synod’s legal counsel, that the laws of the State of Missouri
require a different conclusion. 1 Corinthians 6:4 admonishes that disputes should be kept within the church. Accordingly, the 7-02A Committee recommends the creation
of a new paragraph (d) for Bylaw 3.9.2.2 to address this situation.
In response to the above concerns, the 7-02A Committee
recommends amendments to Bylaw 3.9.2.2 as follows:
PRESENT/PROPOSED WORDING
3.9.2.2 The Commission on Constitutional Matters shall interpret the Synod’s Constitution, Bylaws, and resolutions
upon the written request of a member (congregation,
ordained or commissioned minister), official, board,
commission, or agency of the Synod.
(a) A request for an opinion may be accompanied by a
request for an appearance before the commission.
(b) The commission shall notify an officer or agency of
the Synod if a request for an opinion involves an activity of that officer or agency and shall allow that
officer or agency to submit in writing information
regarding the matter(s) at issue.
(c) An opinion rendered by the commission shall be
binding on the question decided unless and until it
is overruled by a convention of the Synod. Over-