LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — November 1, 2001, Page 8

Transcription machine transcription, uncorrected

⤓ Download .txt · copy text

g. All Dispute Resolution Panel or Review Panel records of disputes in which a final
decision has been rendered by the Dispute Resolution Panel or Review Panel shall be placed in
the custody of Concordia Historical Institute. All such records shall be sealed and shall be
opened only for good cause shown and only after permission has been granted by a Dispute
Resolution Panel, selected by blind draw for that purpose.

217. Question re the Right of the President to Appoint Representatives to Commissions (01-2236)
In an October 26, 2001 memorandum, the President of the Synod requested an opinion regarding his right
to appoint a representative to attend meetings of the Commission on Ministerial Growth and Support and
the Commission on Worship. To support his right to do so, he called the attention of the CCM to Bylaws
3.101 B 1, 3.101 C 3, and 3.51.
Question:

Do the Bylaws of the Synod prohibit the President of the Synod from appointing a
representative to attend meetings of the Synod’s Commission on Ministerial Growth
and Support and Commission on Worship?

Opinion: The Commission notes that prior to the 2001 convention of the Synod, Bylaw 3.913 designated
the President of the Synod or his designee as an advisory member of the Commission on Ministerial
Growth and Support. All advisory members of the Commission were removed by Res. 7-30 of the 2001
convention of the Synod for the stated reason of making more effective use of advisory input and use
better stewardship of time by not requiring advisory members to sit through entire commission meetings
but by calling upon their advisory function when their area of expertise comes into view and by allowing
flexibility to solicit advice as the needs dictate.
The following sections of the Constitution and Bylaws of the Synod are pertinent to the question at hand:
Article XI A 1: The officers of the Synod must assume only such rights as have been
expressly conferred upon them by the Synod….
Bylaw 3.101 B 1: [The President shall] oversee the activities of all agencies of the Synod
to see to it that they are in accordance with the Constitution, Bylaws, and resolutions of
the Synod (each commission is an agency of the Synod according to Bylaw 3.51).
Bylaw 3.101 B 5: [The President shall] call up for review any action by an…agency
which, in his view, may be in violation of the Constitution, Bylaws, and resolutions of the
Synod and, if he deems appropriate, request that such action be altered or reversed….
Bylaw 3.101 C 3: [The President shall] personally, or by way of a representative, have
the option to attend all meetings of the Synod’s program boards, the boards of all
synodwide corporate entities, and Worker Benefit Plans, including executive sessions.
The President’s representative shall normally be a member of the Administrative Team.
The President shall, in reasonable time, receive notice of such meetings, the proposed
agenda, and minutes thereof.
Bylaw 3.179: The Administrative Team consists of the President, First Vice-President,
Chief Financial Officer, Chief Administrative Officer, and the Secretary and shall be
under the leadership of the President. The team shall assist the President and the Board of
Directors of the Synod in carrying out their respective responsibilities for oversight,
supervision, management, and coordination as set forth in the Constitution, Bylaws, and
resolutions of the Synod.

152