LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — December 6-7, 2004, Page 1

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MINUTES
COMMISSION ON CONSTITUTIONAL MATTERS
St. Louis Crowne Plaza
December 6-7, 2004

24. Call to Order and Opening Devotion
Acting Chairman Albert Marcis called the meeting to order with Wilbert Sohns absent due to illness. Don
Little was asked to provide an opening devotion, after which the members of the Commission introduced
themselves for the benefit of the Commission’s newest member, Gordon Tresch. Reverend Little
continued to serve as chaplain for the duration of the meeting.
25. Orientation
Acting Chairman Marcis provided a brief orientation describing the manner in which the Commission
ordinarily conducts its business, based upon the bylaws governing the work of the Commission (Bylaws
3.9.2−3.9.2.2.4) and taking into consideration past practice.
26. Election of Chairman
The Commission being fully constituted for the triennium with the appointment of Gordon Tresch, the
Commission elected its chairman. After Albert Marcis was nominated, nominations were closed and
Reverend Marcis was elected by acclamation.
27. Procedure for Consulting with Legal Counsel and Board of Directors
Resolution 7-02A of the 2004 convention amended Bylaw 3.9.2.2 (b) governing the responsibilities of the
Commission on Constitutional Matters by adding the requirement: “When opinions pertain primarily to
business, legal, finance, civil rights, contracts, or property matters, the commission shall first consult with
the Board of Directors of the Synod and/or the Synod’s legal counsel.” The Commission discussed how
questions regarding such matters would be identified and handled. It was agreed that the following
process be carried out for all questions received:
1. All questions submitted to the Commission will be processed by the Office of the Secretary.
2. Each submission will be given a number and disseminated to the members of the Commission, at
which time a decision will be made by the chairman of the Commission whether or not such
questions warrant consultation with the Board of Directors and/or legal counsel. If the chairman
does not initially refer a matter to either the Board of Directors and/or legal counsel, such matter
will be submitted thereafter if requested by at least two members of the Commission.
3. Questions warranting consultation will be forwarded to the Board of Directors and/or legal
counsel by the Office of the Secretary accompanied by a letter provided by the chairman and kept
on file for such purpose.
28. Meeting Scheduling
The Commission discussed the manner in which it has scheduled meetings in the past and agreed to
continue with the same practice for the current triennium. Dates will be reserved for face-to-face meetings