LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — January 28, 2004, Page 9

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If therefore a District takes an action that is contrary to the Constitution and Bylaws of the Synod,
such action is null and void, and the President of the Synod could proceed under the authority
granted to him by Bylaw 3. 10 1, C, 11, where the President shall
11. be authorized, in the event that the affairs of the Synod require the exercise of executive
power for a purpose for which there is no specific directive of the Synod, to exercise such
power after consultation with the Vice-Presidents, the Board of Directors for The Lutheran
Church—Missouri Synod, or the Council of Presidents, whichever, in his judgment, is most
appropriate. Any member of the Synod shall have the right to appeal such action to the
Commission on Constitutional Matters and/or the Synod in convention, whichever is
appropriate.
As recently as the 2001 convention, the Synod reaffirmed and reemphasized the duty of the President to
assure that all officers and agencies of the Synod abide by the Constitution and Bylaws in adopting
Resolution 7-03C, the second, third, and fourth resolves of which read:
Resolved, That we reaffirm the expectation that all officers, staff members, and agencies of
the Synod adhere to the Constitution and Bylaws of the Synod and, where applicable, the articles
of incorporation and bylaws of the entity and assume only those powers granted to them; and be it
further
Resolved, That the President and Board of Directors of the Synod shall see to it that the
Constitution and Bylaws of the Synod are observed; and be it further
Resolved, 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.
Were all eventualities and potential problems foreseeable, the Synod could adopt bylaws and policies to
address all issues in advance, and the question posed could be answered with greater specificity.
However, the Synod has recognized that there are circumstances that it may not have foreseen or for
which it may not have made direct provision. For those reasons, the Synod has therefore invested the
President with very broad powers to address those circumstances that it did not foresee or for which it
made no other provision. For the same reason, the Commission cannot define in advance the ultimate
boundaries of that power.
243. Conference Call Meetings (03-2378)
A member of a board of regents, in a December 29, 2003 e-mailed letter, asked a series of specific
questions regarding the propriety of conference calls under certain circumstances. The Commission
agreed to address this matter at a later time.
244. Enforcement of Commission on Constitutional Matters Opinions (04-2379)
A pastor of the Synod, in a letter dated January 10, 2004, asked a series of questions regarding the
enforcement of Commission Opinion 02-2309 and its statement that “when an ecclesiastical supervisor
discovers error in his counsel, it is incumbent upon that supervisor to correct or amend it. The member
should then be held to consider the corrected counsel. Failure to consider such amended admonition could
form the basis for disciplinary action as provided in Article XIII.”

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