LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — December 18, 2006, Page 1

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MINUTES
COMMISSION ON CONSTITUTIONAL MATTERS
Telephone Conference Call
December 18, 2006
164. Call to Order and Opening Prayer
Chairman Albert Marcis called the meeting to order, provided an opening prayer, and reviewed the
agenda for the meeting. All members of the Commission participated in the conference call meeting.
165. Resolution 7-02A Committee Chairman Request
Chairman Marcis called attention to the December 8, 2006 E-mailed letter from Mr. Walter Tesch,
chairman of the Resolution 7-02A Committee, requesting opportunity to meet with the Commission “to
discuss some of the issues before the Committee and to receive comments from the CCM.”
Resolution 7-02A of the 2004 convention resolved “That the convention consider this action as resolving
the current difficulty but directs the President and Board of Directors jointly to appoint a committee to
address the matter and report to the 2007 convention” (see also the resolution’s WHEREAS paragraphs,
2004 Convention Proceedings, pp. 152–153).
After discussion, the Commission agreed to grant the request and to invite Mr. Tesch to its next regular
meeting at a time on the agenda suitable to him and the chairman of the Commission. In addition, Mr.
Tesch will be asked to provide in advance of the meeting any pertinent materials, documents, or legal
opinions in the possession of the Resolution 7-02A Committee, to allow the Commission time and
opportunity to prepare responsible and significant comments.
166. Board of Directors Request
Chairman Marcis called attention to the December 8, 2006 E-mailed letter from Mr. David Hawk of the
Board of Directors of the Synod communicating an invitation to meet informally with a committee of the
Board “to discuss and seek clarification regarding any existing CCM opinion that might appear to be in
conflict with Missouri state law.”
In a November 17, 2006 action, Board of Directors requested this meeting in order “to foster
understanding and collaboration regarding alignment of board responsibility and authority between the
Board of Directors and the Commission on Constitutional Matters.” The Board also committed itself “to
engaging in dialogue with the CCM regarding this issue, with the goal of arriving at a God-pleasing
mutual understanding of the respective authority and responsibilities of both groups.”
The Commission noted that precedent for such joint meetings exists. The Commission and the Board met
in August of 2003, joint meetings of the Board of Directors and the Council of Presidents are held
periodically, and a joint meeting of the Commission and representatives of the Board under the leadership
and chairmanship of the President of the Synod took place on January 5, 2004, the latter to discuss the
Board’s November, 2003 declaration of several Commission opinions to be “of no effect.”
During ensuing discussion of the request, the Commission committed itself to continued dialogue with the
Board of Directors and the goal of arriving at a God-pleasing mutual understanding of the respective
authority and responsibilities of both groups. However, in response to the invitation communicated by