LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — December 18, 2006, Page 2

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Mr. Hawk for a meeting with Board representatives, the Commission opted to request a joint meeting
with the full Board of Directors in order to engage in the fullest dialogue possible and to reach a mutual
understanding that will involve the participation of all members of the Board and the Commission.
The Commission also agreed to request that such a joint meeting take place, if feasible, at a mutually
acceptable time in conjunction with the February meeting of the Board of Directors, the meeting to be
conducted under the leadership and chairmanship of the President of the Synod, and also respectfully to
request that the Board provide to the Commission a copy of the Armstrong Teasdale legal opinion
referenced in the October 30, 2006 minutes of the Board (agenda item #162) prior to the requested joint
meeting.
Finally, the Commission agreed to request that the Board, by resolution of the full Board, provide prior to
the requested joint meeting any specific “existing CCM opinion that might appear to be in conflict with
Missouri state law,” and clarify the resolve in its November 17, 2006 action “to discuss and seek
clarification regarding any existing CCM opinion that might appear to be in conflict with Missouri state
law.”
167. Participation in Legal Actions by Members of the Board of Directors (06-2480; 06-2480A)
A pastor of the Synod in an August 18, 2006 E-mailed letter submitted questions regarding actions of
members of the Board of Directors of the Synod in relation to a recent lawsuit and regarding the vacating
of Board positions by implementation of Bylaw 1.5.12.1 (b) (1) and (5). After brief discussion regarding
input received from legal counsel and input to be received from the Board of Directors, it was agreed to
postpone final discussion until the Commission’s next regular meeting.
The Commission also discussed a breach of confidentiality resulting in the publication in a non-LCMS
Web site of the question submitted, which question had been submitted to the Board of Directors for input
pursuant to Bylaw 3.9.2.2 (b). The chairman of the Commission was asked to contact the chairman of the
Board of Directors to bring to his attention the seriousness of such a breach and to be assured that
appropriate procedures are implemented by the Board to avoid such breaches in the future. He will also
contact legal counsel regarding this concern.
168. Adjournment
All business to come before the Commission having been attended to, Chairman Marcis closed the
meeting with words of benediction.

Raymond L. Hartwig, Secretary

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