LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — August 15-16, 2003, Page 7

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misinformation, rather than using the bylaw channels, which Synod requires of members to
use to challenge or appeal a CCM decision?
Opinion: While criticism or dissent may not be prohibited, officers of the Synod, just as individual
members, commit themselves as members of the Synod to act in accordance with the synodical
Constitution and Bylaws under which they have agreed to live and work together and which the
congregations alone have the authority to adopt or amend through conventions (Bylaw 1.05 d).
An officer of the Synod must recognize that “Elected officers serve the Synod in accordance with duties
assigned to them or otherwise authorized by the Constitution and appropriate Bylaws…” (Bylaw 1.07b),
that “Every member of the Synod shall diligently and earnestly promote the purposes of the Synod by
word and deed” (Bylaw 2.35) and that “The Constitution, Bylaws, and all other rules and regulations of
the Synod apply to all congregational and individual members of the Synod” (Bylaw 2.39a).
In their accountability to the Synod, “All officers, boards, and commissions shall be accountable to the
Synod for all their actions, and any decision of such officers, boards, and commissions may be appealed
to the national convention of the Synod” (Bylaw 3.73). And as such, an officer of the Synod must
especially respect the requirement that “An opinion rendered by the commission shall be binding on the
question decided unless and until it is overruled by a synodical convention” (Bylaw 3.905 d).
As an officer of the Synod, the officer must assume only such rights as have been expressly conferred
upon him/her by the Synod, and in everything pertaining to their rights and the performance of their
duties they are responsible to the Synod. It is the Synod that at all times has the right to call its officers to
account (Article XI A).
188. Convention Chair Responsibilities of District Presidents (03-2362)
In a July 16, 2003 letter a pastor of the Synod requested an opinion from the Commission regarding the
right of a District President to cast a deciding vote as chair of a District convention.
Question:

In view of the fact that the Constitution and Bylaws of the Synod give voting rights at
conventions only to pastors serving congregations and lay delegates, can a District President,
who is not serving as a called pastor of a congregation but is an advisory delegate to a
convention, cast a deciding vote in the case of a tie vote by the voting delegates?

Opinion: Synod’s Bylaw 4.07b states, “The Constitution of the Synod is also the Constitution of each
District.” And Article VIII C of Synod’s Constitution states, “In case of a tie vote the President may cast
the deciding vote.” Therefore a District President may cast a deciding vote in the case of a tie vote by the
voting delegates.
189. President’s Responsibility under Bylaw 3.19 d (03-2363)
In a July 29, 2003 letter, a pastor of the Synod requested an opinion regarding the responsibility of the
President to screen overtures to conventions.
Question:

May the synodical President use 3.19 d of the Bylaws to exclude an overture which concerns
the synodical President himself?

Opinion: Bylaw 3.19 d requires that the President of the Synod “determine if any overture contains
information which is materially in error or contains any apparent misrepresentation of truth or of
character” and instructs what must be done with any such overture. The bylaw does not provide for
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