LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — November 18, 2005, Page 1

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MINUTES
COMMISSION ON CONSTITUTIONAL MATTERS
Conference Call
November 18, 2005
96. Call to Order
Chairman Albert Marcis called the meeting to order with all members of the Commission
participating in the conference call. LCMS President Gerald Kieschnick and Board of Directors
Chairman Robert Kuhn also participated in the first portion of the meeting. Dr. Kuhn was asked
to open the meeting with a prayer.
Dr. Kieschnick and Dr. Kuhn were invited to address the Commission regarding a mutual interest
of the President and Board of Directors that the Commission revisit its Opinion 05-2439; 052440; 05-2442 in light of input to be provided by the Board of Directors and that copies of input
recently provided by legal counsel to the Commission also be provided to the Board.
97. Decision to Revisit Opinion 05-2439; 05-2440; 05-2442
Prior to its October 16–18, 2005 meeting, the Commission, although not required by Bylaw
3.9.2.2 (b), had invited input from the Board of Directors and the Synod’s legal counsel regarding
agenda item 05-2439, 05-2440, and 05-2442. Because of concern for the consequences of a delay
in issuing an opinion, the Commission chose to issue its opinion at its October 16–18 meeting. In
light of the input since received from legal counsel regarding the matter and in light of the
informal input provided by the President of the Synod and the chairman of the Board of
Directors, the Commission determined to revisit its opinion in order to take into consideration the
input received and any further input to be received from the Board of Directors in advance of the
Commission’s next scheduled meeting.
98. Decision to Provide Legal Counsel Memoranda
Prior to its October 16–18 meeting, the Commission, although not required by Bylaw 3.9.2.2 (b),
had invited input from the Board of Directors and the Synod’s legal counsel regarding agenda
items 05-2439, 05-2440, and 05-2442. Upon request of the President and Board of Directors that
the memoranda from the Synod’s legal counsel providing input to the Commission regarding this
agenda item be shared with the Board, the Secretary of the Synod, as a member of the
Commission, was directed to provide to the Board, in this instance and subject to the
confidentiality of executive session, copies of the memoranda received from legal counsel.
99. Adjournment
With no further business to come before the Commission at this conference call meeting,
Chairman Albert Marcis closed the meeting with words of benediction.

Raymond L. Hartwig, Secretary