LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — November 20–21, 2008, Page 1

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MINUTES
COMMISSION ON CONSTITUTIONAL MATTERS
Indian Wells, CA
November 20–21, 2008

(The regular meeting of the Commission on Constitutional Matters was preceded by a joint executive
session meeting with the Board of Directors and the Council of Presidents to receive a progress report
from the Blue Ribbon Task Force on Synod Structure and Governance. The executive session was
followed by an informal meeting over lunch with the Board of Directors to discuss the policy manual
review process.)
56. Call to Order and Opening Devotion
Chairman Albert Marcis called the commission meeting to order and called upon Philip Esala, devotion
leader for the meeting, to provide an opening devotion. Secretary Raymond Hartwig was unable to be
present due to a meeting of the Board of Directors. Chairman Marcis reviewed the agenda for the
meeting.
57. BPE and BUE Policy and Campus Policy Manual Review Responses (06-2471; 06-2472)
The commission noted that it has not received responses to a number of required changes to governing
documents previously reviewed, including the Board for Pastoral Education and Board for University
Education Policy Manuals and their Campus Policy Manuals. The Secretary was directed to maintain an
ongoing agenda item for unresolved correspondence. He was also asked specifically to follow up on
previous decisions to assure compliance with Bylaw 3.9.2.2.4 (a) and to provide to commission members
copies of correspondence sent and received on behalf of the commission.
58. CCM Model Constitution re Excommunication Vote (08-2492A)
In a letter dated July 16, 2008, a pastor of the Synod requested that the Commission on Constitutional
Matters (CCM) “correct the 2006 Guidelines for Constitutions and Bylaws of Lutheran Congregations”
and withdraw commission Opinion 07-2492 supporting the content of the guidelines relating to
excommunications by congregations.
Response: The commission’s guidelines document falls outside of its official responsibilities as detailed
in Bylaw 3.9.2.2. The guidelines are offered as a public service to the congregations of the Synod
recognizing that “a degree of uniformity in the constitution and bylaws of member congregations of the
Synod is desirable” (Preface to the Guidelines document). At times, the guidelines necessarily touch upon
doctrinal matters.
Questions related to doctrinal matters, such as are at issue in this case, are properly directed to the
Commission on Theology and Church Relations (CTCR) of the Synod. The CTCR is charged with the
responsibility to “provide guidance to the Synod in matters of theology and church relations” (Bylaw
3.9.6.2.1). The CCM rightly consulted with the CTCR before responding to the questioner’s earlier
request for an opinion regarding the vote required for an excommunication. The CCM believes that it
faithfully reflected the response of the CTCR in Opinion 07-2492. Questions that remain, if any, should
be submitted directly to the CTCR for resolution.