LCMS Convention Workbook St. Louis, Missouri — 2007, Page 15

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SYNOD REPORTS 15

November 2002 Synod President’s Report
to LCMS Council of Presidents

Electoral Circuits

In an attempt to provide guidelines for each District that are consis-
tent with historic practice, I envision giving positive consideration to
requests for “exceptions to ... requirements and limitations” of the def-
inition of a Circuit that satisfy at least one of the requirements for a min-
imum number of 7 member congregations or a minimum “aggregate
communicant membership” of 1,500.

February 2005 Synod President’s Report
to LCMS Council of Presidents

Voting Delegates for 2007 Synod Convention

While I have already mentioned this matter verbally on two previ-
ous occasions, | encourage you again to review your District’s Electoral
Circuit configuration to determine whether or not any changes need to
be made. If that should be the case, my counsel is to handle this matter
through the appropriate channels ASAP, in order to avoid the necessity
of requesting exceptions to voting delegate requirements in preparation
for the 2007 Synod convention.

April 2005 Synod President’s Report to LCMS Council of Presidents

Voting Delegates for 2007 Synod Convention

In preparation for the 2007 convention of the Synod, at each meet-
ing of the COP since the issue addressed in the paragraph above was
raised I have counseled all District Presidents to address the question
of electoral circuits in your respective Districts. Specifically, I encour-
age your District Board of Directors or District convention, as the case
may be, to make any changes to the configuration of your electoral cir-
cuits deemed prudent and proper in accord with Bylaw requirements of
7-20 congregations and 1,500—10,000 communicants per circuit. I re-
peat that counsel once more, with the evangelical encouragement that
this be done as soon as possible. Doing so will help avoid any further
anxiety, criticisms, or concerns. It will also assist in preparation and lo-
gistics regarding the number of voting delegates to the 2007 conven-
tion of the Synod.

SYNOD BOARD OF DIRECTORS ACTIONS

In response to a November 3, 2004, letter from an LCMS pastor
asking the Board of Directors of the Synod to file a similar suit
against the Synod President and others, the board conducted an in-
vestigation into the matter of exceptions for electoral circuits send-
ing voting delegates to the 2004 convention. This study included
an inquiry into the actions of district boards of directors, who must
request that such exceptions be made by the President of the Synod.
The investigation demonstrated that the decisions and actions of
the President were in accord with the Bylaws of the Synod. To the
extent that district secretaries responded to requests for their board
of directors’ minutes, the investigation also demonstrated that the
districts were in compliance with Bylaw 3.03. A brief chart show-
ing the number of voting delegates, the number of delegate excep-
tions requested and granted, and a review of these facts for the past
three conventions is included as Addendum 1 to this communica-
tion. The complete report of the Secretary of the Synod regarding
this matter is available on the Synod’s Web site.

The Board of Directors also took the following related action
recorded in the February 24-25, 2005, minutes of the board:

(F.) To Proceed with Seeking a Judicial Declaration

A member of the Board placed into the docket a proposed action
advocating that the Board of Directors proceed with seeking a judicial
declaration to decide whether the delegate representation at the 2004
convention was valid and whether the outcome of any action taken by
the convention was affected. After discussion, the following resolution
was introduced: “Resolved, That the Board of Directors deny the re-
quest made in the November 3, 2004, letter that asked the Board to ini-
tiate a lawsuit against President Kieschnick and others regarding the
creation of 188 [sic] additional delegates to the 2004 convention, the
legality of convention Resolution 7-02A that relates to the authority of
the Board of Directors, and the validity of certain CCM opinions; and
be it further Resolved, That the Board of Directors express its concern

regarding these issues and the need that they be resolved definitively
and clearly.” After further discussion, an amendment was offered to
shorten the resolution to end with the words “...and others” in the first
resolve. The amendment carried, as also did the amended resolution.
President Kieschnick asked that the minutes record that he refrained
from voting. The resolution as adopted read as follows:

Resolved, That the Board of Directors deny the request made in
the November 3, 2004 letter that asked the Board to initiate a law-
suit against President Kieschnick and others.

It should also be noted that the Board of Directors and the Pres-
ident of the Synod are moving forward with the requirement of
Resolution 7-02A of the 2004 convention that “directs the Presi-
dent and the Board of Directors jointly to appoint a committee to
address the matter and report to the 2007 convention.” “The mat-
ter” refers to a large extent to the very issues that the proposed law-
suit intends to raise. The Board and the President have agreed upon
an appointment process and have made their respective appoint-
ments. Arrangements for an initial meeting of this special commit-
tee will be made during the Board’s May 2005 meeting.

CONCLUSION

This information is being shared with the Synod in the hope and
desire that the members and individuals in congregations of the
Synod will be fully informed and reassured regarding these mat-
ters. We are prayerful that any congregation or individual solicited
to join in such needless and divisive litigation involving these mat-
ters will decline to do so, especially given the fact that the Board of
Directors has investigated the electoral circuit matter and has re-
solved not to pursue such action, and given the additional fact that
the Board and the President have appointed a committee to look
into the very issues being raised by the would-be lawsuit. The Holy
Spirit-inspired words of St. Paul are commended for prayerful con-
sideration:

'If any of you has a dispute with another, dare he take it before the
ungodly for judgment instead of before the saints? 7Do you not know
that the saints will judge the world? And if you are to judge the world,
are you not competent to judge trivial cases? 7Do you not know that we
will judge angels? How much more the things of this life! ‘Therefore, if
you have disputes about such matters, appoint as judges even men of
little account in the church! *I say this to shame you. Is it possible that
there is nobody among you wise enough to judge a dispute between be-
lievers? °But instead, one brother goes to law against another—and this
in front of unbelievers!

"The very fact that you have lawsuits among you means you have
been completely defeated already. Why not rather be wronged? Why
not rather be cheated? Instead, you yourselves cheat and do wrong, and
you do this to your brothers.

°Do you not know that the wicked will not inherit the kingdom of
God? Do not be deceived: Neither the sexually immoral nor idolaters
nor adulterers nor male prostitutes nor homosexual offenders !“nor
thieves nor the greedy nor drunkards nor slanderers nor swindlers will
inherit the kingdom of God. ''And that is what some of you were. But
you were washed, you were sanctified, you were justified in the name of
the Lord Jesus Christ and by the Spirit of our God. (1 Corinthians
6:1-11)

Response submitted on May 6, 2005, by the following:

Dr. Gerald B. Kieschnick, President of the Synod

Dr. William Diekelman, First Vice-President of the Synod

Dr. Raymond Hartwig, Secretary of the Synod

Dr. Tom Kuchta, Vice-President-Finance—Treasurer of the
Synod

Dr. Robert Kuhn, Chairman, Board of Directors of the Synod

Rev. James Fandrey, Vice-Chairman, Board of Directors of the
Synod

Rev. William Hoesman, Chairman, Council of Presidents of the
Synod

Dr. Larry Stoterau, Vice-Chairman, Council of Presidents of the
Synod

2007 Convention Workbook