LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — June 23, 2003, Page 1

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MINUTES
COMMISSION ON CONSTITUTIONAL MATTERS
June 23, 2003
158. Call to Order
Chairman Walter Tesch called the meeting to order and asked Don Little to open with a devotion and
prayer. All members of the Commission were present for the meeting.
159. Report on Handbook Revision
The chairman and secretary provided a brief report from the May 22-23, 2003 meeting of the Pro Tem
Commission on Structure meeting at which the recommendations of the Commission on Constitutional
Matters for changes to the proposed revised Handbook were discussed. Copies of the revised Handbook
incorporating the changes were distributed, and plans for providing a report of the final Handbook
proposal to the members of the Synod, as required by Resolution 7-02 of the 2001 convention, were
reviewed.
160. Ecclesiastical Supervision and the Filing of Complaints (03-2333)
In a February 9, 2003 letter, a member of the Synod took issue with Commission Opinion 02-2309. He
expressed concern that the opinion contravenes Bylaw 2.27, which provides the right for any person to
bring a written complaint, and creates a hierarchy in the Synod. He asked that Opinion 03-2309 be
revoked.
Opinion: The opinion of this Commission to question 9 of Opinion 02-2309 stated that the members of
the Synod, through the Constitution, assigned certain duties to the President of the Synod. Article XI A
states:
1. The officers of the Synod must assume only such rights as have been expressly
conferred upon them by the Synod, and in everything pertaining to their rights and the
performance of their duties they are responsible to the Synod.
Section B of Article XI then sets forth the “Duties of the President.” Included in those duties are the
following, as set forth in paragraphs 1, 2, and 3:
1. The President has the supervision regarding the doctrine and administration of a.
All officers of the Synod; b. All such as are employed by the Synod; c. The individual
Districts of the Synod; d. All District Presidents.
2. It is the President’s duty to see to it that all the aforementioned act in accordance
with the Synod’s Constitution, to admonish all who in any way depart from it, and, if
such admonition is not heeded, to report such cases to the Synod.
3. The President has and always shall have the power to advise, admonish, and
reprove. He shall conscientiously use all means at his command to promote and maintain
unity of doctrine and practice in all the Districts of the Synod.
Article XII of the Constitution is entitled, “Districts of the Synod and Their Regulation.” Paragraph 7
therefore states: