LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — July 9−15, 2004, Page 3

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278. A Question from Floor Committee 1 Regarding Bylaw 3.823 (04-2393)
The chairman of Floor Committee 1 asked the following question:
Question:

Does Bylaw 3.823 apply to Resolution 1-06? In other words does Bylaw 3.823 prevent the
Synod in convention from assigning the function of outreach ministry in North America and
the Director of Outreach Ministry to LCMS World Mission?

Opinion: Since the position or function of the Director of Outreach Ministry in North America is not
specified or defined in the bylaws, it can exist or be created under any board if consistent with the duties
and responsibilities of the board. The whereases of proposed Resolution 1-06 articulate the rationale for
placement of this position or function under the Board for Mission Services (which is also identified as
LCMS World Mission). Therefore, the Synod in convention may direct, pursuant to Bylaw 1.07 a, that
the described position or function of the Director of Outreach Ministry in North America be placed under
the Board for Mission Services (Bylaw 3.845).
279. A Question from Floor Committee 4 as to How Resolution 4-14 Relates to Resolution 7-02A.
(04-2394)
A question was presented from Floor Committee 4 as follows:
Question:

Following the approval of Resolution 7-02A, is it in order for Floor Committee 4 to bring
Resolution 4-14 (Today’s Business, page 199) before the convention for consideration?

Opinion: Resolution 7-02A found that the two resolutions of the Board of Directors referred to in the
President’s Special Report and found at pages 24−26 of Today’s Business were of no effect. As such, the
opinions of the Commission on Constitutional Matters challenged by those board resolutions remain in
full force and effect within the Synod pursuant to the provisions of Bylaw 3.905 d, as cited in that
resolution. The Board for Communication Services continues to be responsible for the operation of
KFUO unless their responsibility to do so is changed by the Synod in convention, or that responsibility is
otherwise properly removed from that board. The resolution therefore is entirely appropriate as a way to
reaffirm those responsibilities and, as stated in the second resolved, to …“reaffirm the ministries of the
Board for Communication Services to the entire church and encourage the Board for Communication
Services in their work to explore a more effective role for KFUO.”
280. A Question from the Executive Director of the BHE/CUS (04-2395)
A draft opinion was developed for the question, but the question was withdrawn before the draft opinion
was finalized. Thus no opinion was given.
281. A Question Regarding “To Allow the Speaking of Presidential Candidates” (04-2396)
During the convention, the president inquired from the podium whether the proposed resolution “To
Allow the Speaking of Presidential Candidates” found on page 384 of Today’s Business would require an
amendment to the Bylaws.
Opinion: The proposed resolution would require the addition of a particular election procedure for the
office of President that differs from the general procedures currently contained in the Bylaws. The
current procedures include Bylaw 3.961 e which describe the current synodical practice for disseminating
biographical and other information from the candidates for president, and under the current Bylaw 3.25,
the President establishes the agenda, and the convention is held pursuant to parliamentary procedure. As
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