LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — June 10-11, 2002, Page 3

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Synod” (Bylaw 3.813 c) and to “assist the appropriate officers of the Synod in their communication
responsibilities” (Bylaw 3.813 e). The official periodicals of the Synod, among many services provided,
are to “include official reports and notices,… provide current synodical news,… serve as a forum for the
responsible exchange of opinion on issues confronting the Synod, and report general church news of
interest to the Synod” (Bylaw 11.01 b).
While the Board of Directors significantly influences the Board for Communication Services (appointing
5 of 7 board members, allocating funds for its operation, and holding it accountable for those funds), the
Board for Communication Services is an independent board not directly answerable to the Board of
Directors. Similarly, while the President influences the Board for Communication Services through his
ecclesiastical role and as a primary recipient of the services of the Board for Communication Services in
facilitating his communications responsibilities, the Board for Communication Services is not directly
answerable to the President. As regards the management and supervision of the business and legal affairs
of the Board for Communication Services, the Board of Directors has the power to call up for review,
criticism, modification or revocation the actions or policies of the Board for Communication Services
under Bylaw 3.183 d 2. The President is to see to it that the Board for Communication Services acts in
accordance with the Synod’s Constitution, to admonish it if it departs from the Constitution, and, if such
admonition is not heeded, to report such cases to the Synod (Art. XI B 2). He is also to “see to it that the
resolutions of the Synod are carried out” (Art. XI B 4). As discussed above, Resolution 7-03C of the 2001
convention of the Synod additionally charged the President as well as the Board of Directors with the
specific responsibility to “see to it that the Constitution and Bylaws of the Synod are observed” and that
“when a failure to comply with the Constitution and Bylaws is discovered, the President or Board of
Directors, whichever is charged with supervision or oversight, shall act to correct such failure to comply
as quickly as possible” (2001 Proceedings, p. 164).
The President and the Board of Directors therefore share oversight responsibilities for many program
boards. Both are required to see to it that the Constitution and Bylaws of the Synod are observed,
including, but not limited to, the requirements and responsibilities specifically enumerated in that board’s
section of the Bylaws. In a case of non-compliance with the Constitution and Bylaws, the President is to
admonish those involved and, if such admonition is not heeded, to report such cases to the Synod. To the
extent of his oversight and influence, he is to correct such failure to comply as quickly as possible. In
such case of non-compliance, the Board of Directors is also to act to correct any failure as quickly as
possible, potential actions to include calling up for review, criticism, modification, or revocation the
errant action or policy of the board. Therefore, if the President and the Board of Directors are faithful to
their duties and responsibilities, the question that is posed should not happen. Should there be
disagreement, they must earnestly consult with one another regarding proper supervision of the board in
question.
The Board for Communication Services is independently required to honor the Constitution and Bylaws
of Synod. Should directives and guidance be received from different officers (including the President and
the Board of Directors) or other boards or commissions of the Synod, the Board for Communication
Services must strive to honor those directives and guidance to the extent consistent with its mandated
functions under Bylaw 3.813.
The question specifically asks further as to its proper response should the President submit an article
regarding a matter in dispute and asks the Board for Communication Services to publish that material and,
further, whether the Board of Directors' resolution referenced above is unconstitutional. Opinion 022251, by defining the term "matter in dispute" as it relates to the prohibition of publicity under Bylaw
8.21 e, defines what matters may be published and those which the Board for Communication Services
should properly decline to publish.

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