LCMS Convention Workbook St. Louis, Missouri — 2007, Page 254

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254 PLANNING AND ADMINISTRATION

proceedings against the Synod instead of reliance on Synod’s sys-
tem of reconciliation; and

WHEREAS, The Synod Board of Directors Manual (5.8.2) states,
“The Board recognizes that any participation in litigation by the
Synod, including by an agency of the Synod, may have an adverse
effect on the Synod as a church organization, and that litigation must,
therefore, be entered into only when it has been responsibly deter-
mined that such is likely to serve the best interests of the Synod and,
when applicable, all of the Synod’s avenues for conflict resolution
have been exhausted.” And (5.8.2.1.1) states, “No lawsuit, arbitration,
or administrative proceeding shall be commenced by the Synod or
any of its officers, executives, corporate agencies, or boards without
the prior approval of the Board of Directors,” and such policy was
directly violated by certain members of the Synod’s BOD; and

WHEREAS, Bylaw 1.5.12 urges all within the leadership of the
Synod to avoid conflicts of interest, and to avoid any potential con-
flicts of interest, and such “conflicts” were not avoided by certain
members of the Synod’s BOD during the proceedings, manage-
ment, and “settlement” of the “Anderson, et. al.” lawsuit; and

WHEREAS, Missouri State Law 355.221 states that “any” director
can initiate a legal proceeding against the non-profit corporation and
ask for a declaratory ruling and/or judgment, and such future pro-
ceedings have been strongly considered by certain members of the
Synod’s BOD; and

WHEREAS, Bylaw 1.4.1 states ‘“‘all officers...shall be accountable
to the Synod for all their actions, and any concerns regarding the
decisions of such officers may be brought to the attention of the
Synod in convention for appropriate action,” and Art. XI, Part A,
Line 2 states, ‘““The Synod at all times has the right to call its officers
to account and, if circumstances require it, to remove them from of-
fice in accordance with Christian procedures”; therefore be it

Resolved, To ensure the future peace and harmony of the Synod,
and above all to maintain the scriptural conduct and constitutional
directives among us, that the Synod in convention “censure” the be-
havior and actions of Rev. Edward Balfour, Ms. Elizabeth Fluegel,
Mr. David Hawk, and Mr. Christian Preus in connection with their
conduct, management, and behavior in the events leading up to and
their specific dealings with the “Anderson et. al.” lawsuit; and be it
further

Resolved, That these named individuals (Balfour, Fluegel,
Hawk, Preus) be considered disqualified from election in this tri-
ennium, giving them opportunity to reflect on their inappropriate
and divisive behavior; and be it finally

Resolved, That the Synod in convention remove Rev. Edward
Balfour from his elected position as a member of the Synod’s
Board of Directors.

Atlanta South Circuit, Florida-Georgia District; Holy
Cross, Riverdale, GA

7-52

To Revise Selection and Number of CCM Members

WHEREAS, “The Commission on Constitutional Matters exists
to interpret the Constitution, Bylaws, and resolutions of the Synod
and ensure that the governing instruments of the Synod and its
agencies are in accord with the Constitution and Bylaws of the
Synod” (Bylaw 3.9.2); and

WHEREAS, All five voting members of the CCM are currently
appointed through a process involving district boards of directors
and the Council of Presidents and are finally appointed by the Pres-
ident of Synod; therefore be it

Resolved, That the South Dakota District convention memorial-
ize the LCMS convention that membership of the CCM be ex-
panded from five to seven voting members, consisting of four pas-
tors and three attorneys; and be it further

Resolved, That the selection of these voting members be in ac-
cordance with the following: one pastor and one attorney appointed
by the President of the Synod, one pastor and one attorney appointed

by the Synod Board of Directors, and two pastors and one attorney
elected by the Synod convention.

South Dakota District; New England District

7-53

To Revise Selection and Number of CCM Members

WHEREAS, The CCM exists to interpret the Constitution, By-
laws, and resolutions of the Synod and ensure that the governing
instruments of the Synod and its agencies are in accord with the
Constitution and Bylaws of the Synod (Bylaw 3.9.2); and

WHEREAS, All five voting members of the CCM currently are
appointed by the President of the Synod (Bylaw 3.9.2.1); and

WHEREAS, An opinion rendered by the CCM shall be binding
on the question decided unless and until it is overruled by a con-
vention of the Synod (Bylaw 3.9.2.2 [b]); and

WHEREAS, The President of the Synod appoints the convention
floor committees (Bylaw 3.1.7) and is responsible for the overall
organization and operations of the conventions of the Synod
(Bylaw 3.1.9); and

WHEREAS, The same man who currently appoints all CCM
members also organizes and chairs the only mechanism provided
within the LCMS for overruling CCM decisions; therefore be it

Resolved, That the 2007 Synod convention expand the member-
ship of the CCM from five voting members to seven voting mem-
bers, consisting of four pastors and three attorneys; and be it further

Resolved, That the selection of these voting members be in ac-
cordance with the following: one pastor and one attorney appointed
by the President of the Synod (using Bylaw 3.9.2.1.1 for these two
positions); one pastor and one attorney appointed by the Synod
Board of Directors (using Bylaws 3.9.2.1.1 [a] and [b]), with va-
cancies from these two positions filled by the Board]; and two pas-
tors and one attorney elected by the Synod in convention (using
Bylaws 3.9.2.1.1 [a] and [b], with vacancies from these three posi-
tions filled by election of the delegates during the remainder of
their three-year term as defined in 3.1.2.2).

Immanuel, Cedar Lake, WI; Immanuel, Frederic, WI; St.
Paul, Bonduel, WI; Holy Cross, Albany, OR; St. James,
Bothell/Mill Creek, WA; Circuit 27, Northern IIlinois District

_ To Elect Members of Commission
on Constitutional Matters

WHEREAS, In several of the decisions of the CCM a question as
to the partiality of the members of the committee relative to the
President of the Synod has been raised; and

WHEREAS, The administration of the office of the President of
the Synod has as a result been questioned by some; and

WHEREAS, Because of the seeming conflict of interest, the pres-
ent method of choosing the members of the CCM has given occa-
sion to some members of the Synod to be offended; and

WHEREAS, The qualifications of the members of the commis-
sion are clearly set forth in the Synod Handbook; and

WHEREAS, The candidates for election to the commission are
chosen by the Council of Presidents; and

WHEREAS, There is great need as expressed by the President of
the Synod’s Blue Ribbon Task Force on Structure and Governance
to increase the level of trust among the members of the Synod;
therefore be it

Resolved, That the members of the CCM be elected by the
Synod in convention.

Faith
Chesapeake, VA