LCMS Convention Workbook St. Louis, Missouri — 2007, Page 299

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OPINIONS OF COMMISSION ON CONSTITUTIONAL MATTERS 299

words does Bylaw 3.823 prevent the Synod in conven-
tion from assigning the function of outreach ministry in
North America and the Director of Outreach Ministry to
LCMS World Mission?

Opinion: Since the position or function of the Director of Outreach
Ministry in North America is not specified or defined in the by-
laws, it can exist or be created under any board if consistent with
the duties and responsibilities of the board. The whereases of pro-
posed Resolution 1-06 articulate the rationale for placement of this
position or function under the Board for Mission Services (which is
also identified as LCMS World Mission). Therefore, the Synod in
convention may direct, pursuant to Bylaw 1.07 a, that the described
position or function of the Director of Outreach Ministry in North
America be placed under the Board for Mission Services (Bylaw
3.845).

Adopted July, 2004

A Question from Floor Committee 4 as to
How Resolution 4-14 Relates
to Resolution 7-02A (04-2394)
A question was presented from Floor Committee 4 as follows:

Question: Following the approval of Resolution 7-024, is it in
order for Floor Committee 4 to bring Resolution 4-14
(Today’s Business, page 199) before the convention for
consideration?

Opinion: Resolution 7-02A found that the two resolutions of the
Board of Directors referred to in the President’s Special Report and
found at pages 24-26 of Today’s Business were of no effect. As
such, the opinions of the Commission on Constitutional Matters
challenged by those board resolutions remain in full force and ef-
fect within the Synod pursuant to the provisions of Bylaw 3.905 d,
as cited in that resolution. The Board for Communication Services
continues to be responsible for the operation of KFUO unless their
responsibility to do so is changed by the Synod in convention, or
that responsibility is otherwise properly removed from that board.
The resolution therefore is entirely appropriate as a way to reaffirm
those responsibilities and, as stated in the second resolved, to
...‘reaffirm the ministries of the Board for Communication Ser-
vices to the entire church and encourage the Board for Communica-
tion Services in their work to explore a more effective role for

Adopted July, 2004

A Question Regarding “To Allow the Speaking
of Presidential Candidates” (04-2396)

During the convention, the president inquired from the podium
whether the proposed resolution “To Allow the Speaking of Presi-
dential Candidates” found on page 384 of Today’s Business would
require an amendment to the Bylaws.

Opinion: The proposed resolution would require the addition of a
particular election procedure for the office of President that differs
from the general procedures currently contained in the Bylaws. The
current procedures include Bylaw 3.961 e which describe the cur-
rent synodical practice for disseminating biographical and other in-
formation from the candidates for president, and under the current
Bylaw 3.25, the President establishes the agenda, and the conven-
tion is held pursuant to parliamentary procedure. As an amendment
of the Bylaws, the resolution as currently drafted is not consistent
with Bylaw 14.01 I c, in that it does not identify itself as an amend-
ment to the Bylaws, and has also not been presented to a conven-
tion floor committee for their consideration. In addition, it would
not comply with Bylaw 14.01 | e in that it was not presented to the
Commission on Constitutional Matters prior to the presentation to
the convention to assure that it is not in conflict with the Constitu-
tion and Bylaws of the Synod. Upon request of a member, the
Commission is prepared to more comprehensively review this pro-
posed resolution to assure itself and the convention that no other
unintended conflicts with the current Constitution and Bylaws
exist.

Adopted July, 2004

A Convention Session “Point of Privilege”
Related to Bylaw 3.19 and Resolution 3-06 A (04-2397)

During a convention session, an opinion was asked of the Com-
mission on Constitutional Matters in a Point of Privilege that was
raised concerning a challenge from the floor of the synodical con-
vention on Wednesday, July 14, 2004 on whether the Synod in con-
vention was in violation of Bylaw 3.19 b in considering Resolution
3-06A, “To Commend CTCR Report on Guidelines For Participa-
tion in Civic Events.”

Opinion: The bylaw cited states “Reports and overtures must be
submitted in triplicate to the President of the Synod not later than
18 weeks prior to the opening date of the convention. No report or
overture received subsequent to that date shall be accepted for con-
vention consideration unless a committee consisting of the Presi-
dent, the First Vice-President, and the Secretary adjudge it to be a
matter of overriding importance and urgency which is not ade-
quately covered by documents already before the convention”
(Bylaw 3.19 b).

The essence of a “Report” to a synodical convention must also
be considered. Bylaw 3.19 a and 3.19 a 1 includes the following:
“a, The principal business of a synodical convention shall be the
consideration of reports and overtures.

1. Reports are (1) statements of work performed or contemplated
by those who are charged with conducting the business of the
Synod between conventions, (2) communications to a convention
with respect to studies which may have been made for the Synod
in order to further its work, or (3) other types of communications
to the Synod” (Bylaw 3.19 a 1).

In accordance with these bylaws and others in 3.19 a-f, “All re-
ports and overtures accepted by the President in accordance with
the foregoing paragraphs shall be referred by him to convention
committees... After due consideration of the matters referred to it,
each committee is to report its findings and recommendations to
the convention” (Bylaw 3.19 g).

In compliance with the Bylaws, the report of the Commission
on Theology and Church Relations was published in the 2004 Con-
vention Workbook, pp. 69-79. And the report concerning the
Guidelines For Participation in Civic Events is on page 70 of that
report in the 2004 Convention Workbook. In compliance with the
Bylaws, the findings and recommendation of the convention floor
committee are published in Today’s Business, pages 62-63. In con-
sidering Resolution 3-06A at this 2004 synodical convention, the
convention was in compliance with Bylaw 3.19.

Adopted July, 2004

Identification of District Membership in Constitutions
and Bylaws of Congregations (04-2389)

In a letter dated June 7, 2004, a District Committee on Constitu-
tions, upon request of the President of the District, requested an
opinion regarding the permissibility of requiring congregations to
identify District affiliation in their Constitutions and Bylaws.
Question: Since a congregation’s application for and membership

in the Synod is through a District of the Synod (Bylaws
2.01, 2.03, 1.05 b, e), is it permissible for a District Con-
stitution Committee to require a congregation to identify
the District in its article of synodical affiliation?

Opinion: The Synod divides itself into Districts (Constitution, Art.
XII 1; Bylaws 4.01, 4.03). Districts are component parts of the
Synod (Bylaw 1.05 b) that act as and on behalf of the Synod in re-
lation to congregations (Constitution Art. VI, 5; Bylaws 2.03, 2.05,
4.07, et al.). Congregations acquire membership in the Synod by
application to Districts (Bylaw 2.01), hold membership through
Districts (Bylaw 2.41), and relate to Districts as to the Synod
(Bylaw 4.09), but membership remains in the Synod (Constitution,
Art. V and VI; Bylaw 1.05 e). Jurisdiction with respect to every-
thing that is administered by or for the entire Synod (such as re-
quirements for membership) resides in the Synod itself (Bylaw 4.07
e).

Districts may adopt bylaws, regulations, and resolutions in addi-
tion to the Constitution and Bylaws of the Synod (Constitution, Art.

2007 Convention Workbook