LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — July 10–17, 2010, Page 1

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MINUTES
COMMISSION ON CONSTITUTIONAL MATTERS
Houston Convention
July 10–17, 2010
168. Call to Order and Opening Prayer
Chairman Albert Marcis called the meeting to order in conjunction with the 64th Regular Convention of
The Lutheran Church—Missouri Synod.
169. Floor Committee Meetings
The commission was represented regularly at floor committee meetings, thus fulfilling its responsibilities
pursuant to Bylaw 3.9.2.2.2. Additionally, the commission was represented at floor committee open
hearings as requested by the chairmen of the committees.
170. Referral to Commission on Structure
Based upon ongoing confusion and awkwardness of the election process and, particularly, the process of
floor nominations, and after consultation with the convention parliamentarian, the commission
recommends a comprehensive review of the Synod’s election processes by the Commission on
Handbook.
171. Nominations Issues
During the Wednesday afternoon session (Session 8), questions arose regarding the appropriateness of
floor nominations of individuals to positions for which the Synod in convention does not now have
information with which to confirm the nominees’ qualifications to serve. The issue was further
complicated by the fact that the qualifications at issue were matters of civil law and not the Synod’s
bylaws.
At the time the issue surfaced, upon assertion by the Lutheran Church Extension Fund (LCEF) that it is
required by regulations of the 50 states to do formal criminal and other regulatory related background
checks on all members of its board of directors, Bylaw 1.2.1 (d) was read by the a member of the
commission, which states in part: “(4) The Lutheran Church—Missouri Synod, in referencing the laws of
the State of Missouri in these Bylaws and in the Synod’s Articles of Incorporation, intends to
acknowledge its responsibility to be subject to civil authority. In all such references, however, the Synod
intends to retain all authority and autonomy allowed a church under the laws and Constitution of the
United States and the State of Missouri.”
Bylaw 3.12.3.6 (2007 Handbook, pp. 183f.) requires that the Committee for Convention Nominations
publish a list of qualifications for each office. On page 45 of the committee’s report, “Biographical
Synopses and Statements of Nominees,” the qualifications for the LCEF Board of Directors were
provided. The background checks required for board positions were not included. Furthermore, the need
for such checks was not communicated to the Secretary of the Synod or to the Committee for Convention
Nominations. In fact, none of the names submitted by the committee for convention consideration
underwent the required examination.
While it is the opinion of the Commission on Constitutional Matters that no candidacy for any office is
proper unless the information provided to the convention confirms that the candidate in fact meets all