LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — September 30, 2003, Page 11

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Question 5:

Is it permissible for a District Board of Directors to take official action outside of an
official meeting of that board – where its members have not had the opportunity to enter
into face-to-face discussion and to vote on the issue within the construct of an official
meeting?

Opinion: Again, it is not permissible for a District Board of Directors to take an official action outside of
an official meeting of the board. However, face-to-face meetings of a board are not essential if all other
requirements are met. In its Opinion 00-2197, the Commission spoke to the issue of telephone conference
calls:
Already in 1974 the Commission on Constitutional Matters ruled regarding conference
calls, stating “that such a meeting, although irregular, could be permitted.” The
Commission further stipulated that all parties to the meeting should be “agreeable to the
arrangement” and that the conference call should be “conducted in such a fashion as to
provide for full and complete discussion and opportunity for statements and for the
raising of questions,” making certain “that the rights of all parties are respected and
protected.”
207. New England District Bylaw Amendments Review (03-2369)
The Secretary of the New England District, in a letter dated August 18, 2003, requested that the
Commission review the bylaw changes adopted by the New England District convention in June, 2003.
After review of the bylaw changes, the Commission responds as follows:
•

Revised District Bylaw 8.01 a 3 contradicts the requirement of Synod Bylaw 4.101: “The
Nominating Committee of each District shall be elected by the District convention.” Therefore,
this bylaw change, although adopted by the District in convention, cannot be incorporated into the
Bylaws of the New England District.

•

In revised Bylaw 8.20 b, reference is made to “vice presidential area,” but the Bylaws do not
appear to define how such areas are determined. A future convention will be well advised to
include such a provision in the Bylaws.

208. Dispute Resolution Panel Decisions (03-2370)
In an August 26, 2003 e-mailed letter, a pastor of the Synod asked two questions “recognizing that a
Dispute Resolution Panel’s unappealed ruling or Review Panel’s ruling is ‘final,’ and thus cannot be
‘overturned,’ even by a convention of the Synod, and recognizing, further, that such rulings have no
precedential value.”
Question 1:

Can the Synod in convention consider an overture that “repudiates” a specific decision—
not with a goal of “overturning” the decision (which is, by bylaw, impossible), but of
establishing a contrary finding that serves precedentially in future cases?

Opinion: Bylaw 3.19 c and d specifies the kinds of overtures that shall not be accepted for or must be
withdrawn from convention consideration. Mention is not made of overtures treating subject matters
related to dispute resolution or appeal panel final decisions. It is a function of the conventions of the
Synod to establish general synodical positions (Bylaw 3.01), which, unlike panel decisions that are not
precedential (Bylaw 8.09 c 4 b and e 2), are to be honored and upheld by its members (Bylaw 2.39 c).
Doctrinal resolutions and statements are governed by Bylaw 1.09. Amendments to bylaws or
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