LCMS Convention Workbook St. Louis, Missouri — 2013, Page 126

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126

SYNOD REPORTS
BINDING NATURE OF OPINIONS

While “an opinion rendered by the commission shall be binding
on the question decided,” a convention of the Synod may overrule an
opinion based on “substantive rationale from the Constitution, Bylaws
and resolutions of the Synod” (Bylaw 3.9.2.2 [c]). If an opinion pertains to business, legal, or property matters and the Board of Directors
of the Synod concludes that such an opinion is contrary to the laws
of the State of Missouri, special bylaw provisions allow a resolution
of the matter (Bylaw 3.9.2.2).
CONVENTION RESPONSIBILITY

The commission is required to examine all reports, overtures, and
resolutions to the Synod to determine their agreement in content with
the Constitution and Bylaws of the Synod (Bylaw 3.9.2.2.1). The
commission is required to be represented at the convention floor committee meetings to ensure that any constitution and bylaw matters are
in accord with the Constitution, Bylaws, and resolutions of the Synod
(3.9.2.2.2). Overtures proposed for bylaw amendments to the convention and even amendments to such overtures must be examined by
the commission prior to presentation to the convention to determine
that they are not in conflict with the Constitution and Bylaws of the
Synod (Bylaw 7.1.1 [c]). The commission is also required to carry
out any assignment given to it by the convention.
GOVERNING DOCUMENTS OF THE SYNOD AND ITS
AGENCIES

The Synod requires the commission to examine all articles of
incorporation, bylaws, and policy manuals of every agency of the
Synod to ascertain whether they are in harmony with the Constitution,
Bylaws, and resolutions of the Synod (Bylaw 3.9.2.2.3). The comments resulting from the commission’s examination or review are
considered formal opinions, and the commission takes care to distinguish between suggested changes and those that are required. In
its review of agency documents, the commission has noted a frequency of instances of minor departures from the norm of how the
Synod prepares documents, as in its Bylaws and the commission’s
documents. Rather than call attention to each of these details individually and repeatedly, the commission has prepared a checklist of
these “Frequently Noted Concerns and Aberrations” to alert document preparers and editors. In this manner, the commission promotes
and facilitates uniformity of language and grammar usage in bylaw
and policy documents throughout the Synod.
RELATIONSHIP WITH THE COMMISSION ON HANDBOOK

The Commission on Constitutional Matters provides consultation
to the Commission on Handbook in revising the Handbook of the
Synod following each convention to bring it into harmony with the
resolutions and changes adopted by the convention. The Commission
on Constitutional Matters may also propose, suggest, or refer clarifications (changes) needed or new provisions to the Commission on
Handbook in order to address specific handbook-related issues that
surface between conventions (Bylaw 3.9.4.2 [b] and [e]). Generally
speaking, the Commission on Constitutional Matters is responsible
for “content,” while the Commission on Handbook is responsible for
“language (terminology).”
STANDARD OPERATING PROCEDURES MANUALS (SOPM)
[Dispute Resolution and Expulsion]

The commission is required by the Synod to create and amend
as necessary a Bylaw section 1.10 Standard Operating Procedures
Manual in consultation with the Secretary of the Synod and the
Council of Presidents. In consultation with the Secretary of the Synod
and with the concurrence of the Council of Presidents, Standard
2013 Convention Workbook

Operating Procedures Manuals are created and amended as necessary for the provisions set forth in Bylaw sections 2.14–2.17. The
commission also provides consultation for the Bylaws 3.10.4.7.9 (j)
and 3.10.5.6.9 (j) dispute resolution provisions. These manuals are
available on the Synod Web site.
2010–2013 Triennium

A great number of the commission’s 200 agenda items (as of Feb.
3, 2013) in the 2010–2013 triennium dealt with the governing documents of districts. This was due primarily to the many changes made
to the Synod structure and governance bylaws at the 2010 convention.
The ramifications of the 2010 convention structure and governance
actions also required considerable attention by the commission during
this triennium as it reviewed and interpreted the convention actions
and bylaw changes, which understandably included some ambiguity and a lack of clarity. The commission began this review at its first
meeting after the 2010 convention (Aug. 30–31, 2010). In carrying out
its responsibility, the Commission on Constitutional Matters referred
the discovered or identified ambiguities or needs for clarification to
the Commission on Handbook throughout the triennium as well as
at a special joint meeting hosted and conducted by the Commission
on Constitutional Matters on Nov. 2, 2012. At the invitation of the
Commission on Constitutional Matters, in addition to the Commission
on Handbook, the Office of the President, the Chief Administrative
Officer, and the Chief Mission Officer also participated.
Significant time, energy, and meetings were spent by the commission in helping facilitate the decision and action of the affiliation
of Concordia University Ann Arbor with Concordia University
Wisconsin. The commission was involved in reviewing and approving all the critical and essential documents of this affiliation and their
coordination in light of the Constitution and Bylaws of the Synod.
On the basis of questions addressed to it, the commission gave
much attention to dispute resolution (Bylaw 1.10) and expulsion from
membership (Bylaw 2.14) matters. The issues addressed by the commission were both the substance of the matters as well as the due
process required by the Synod in the interest of the integrity, trustworthiness, and credibility of the processes in the eyes of all parties.
IMPLEMENTATION OF 2010 CONVENTION RESOLUTIONS

The commission implemented its specific responsibility given in
the following convention resolutions:
Res. 8-07 “That the 2010 LCMS convention direct the President of
the Synod to convene a special task force to work in consultation with
the Council of Presidents and the Synod’s Board of Directors to submit
to the next Synod convention a recommendation that includes, but is not
limited to, the following …”

In accord with the convention resolution, the commission
selected Wilbert Sohns as the “one member of the Commission on
Constitutional Matters (CCM) selected by the CCM” to serve on the
Res. 8-07 Task Force, which had its first meeting on July 17, 2012.
Res. 8-12A “That in preparing the 2010 Handbook, the Commission on Constitutional Matters (or the Commission on Handbook if Res
8-08A is adopted) shall update the terminology in the Handbook to be
consistent with the current usage of the Synod and the resolutions of the
2010 convention.”

While the Commission on Handbook assumed this responsibility, the Commission on Constitutional Matters was consulted by the
Commission on Handbook and reviewed the convention resolutions
with respect to “content” to bring the Handbook into harmony with
the resolutions and changes adopted by the convention.
Res. 8-30B “That the President of the Synod in consultation with
the Council of Presidents, the Commission on Theology and Church
Relations, and the Commission on Constitutional Matters make provisions for the preparation of materials (a study) that explain the biblical,