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LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — January 28, 2004, Page 1
Source: The Lutheran Church—Missouri Synod (files.lcms.org)
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MINUTES
COMMISSION ON CONSTITUTIONAL MATTERS
Conference Call Meeting
January 28, 2004
235. Call to Order
Chairman Walter Tesch called the meeting to order and asked Wilbert Sohns to open the meeting with a
prayer. All members of the Commission participated in the meeting.
236. Approval of Minutes
The minutes of the January 4-5, 2004 meeting were approved as distributed to the members of the
Commission prior to the meeting.
237. Convention Report
Chairman Tesch called attention to the draft of his report to the 2004 synodical convention that had been
distributed prior to the meeting. After discussion, it was agreed that the report should also include
reference to the Commission’s involvement in the Handbook revision project, discussions with the Board
of Directors over their recent actions contrary to the Constitution and Bylaws of the Synod and the Board
of Directors' suggestion that such action is nonetheless authorized under Missouri state law, and the
referrals that have been made by the Commission to other entities in conjunction with several of its
opinions.
238. Participation in Joint BOD/COP Meeting
Chairman Tesch reported that he has been invited to participate as an observer in an upcoming joint
meeting of the Board of Directors and Council of Presidents.
239. Opinions Review
As a result of the Commission’s joint meeting with the Board of Directors, the opinions of the
Commission that have been declared “of no effect” by the Board were reviewed. The Commission
concluded that it is still satisfied that these opinions are correct, appropriate, and consistent with the
Constitution and Bylaws of the Synod.
240. Handbook Revision (00-2271)
Members of the Commission again expressed concern that the revisions that are being proposed for the
Handbook of the Synod, while not intended to be substantive, could result in future confusion if the
revision is adopted by the convention. Members of the Commission will continue to share and discuss
specific concerns with one another via e-mail. The Commissio n’s concerns will be communicated to the
appropriate convention floor committee.
241. Special Legal Opinions Obtained by Board of Directors (03-2372, 03-2373)
Two pastors of the Synod, in letters dated October 21 and 23, 2003, asked similar questions regarding the
special legal opinion obtained by the Board of Directors.