LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — November 6–7, 2010, Page 4

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The 1971 Handbook then lists as the “Official Periodicals” of the Synod “The Lutheran Witness, the
Lutheran Witness Reporter, and Der Lutheraner” (Bylaw 11.81). The bylaw also repeats the statement:
“Official reports and notices shall be published in the Lutheran Witness Reporter.”
In the “Foreward” to the 1975 Handbook, Secretary Mueller, after noting the many changes made by the
1975 convention, states: “Perhaps it should be stated that the Commission on Constitutional Matters felt
obligated, in view of the convention action with reference to the official periodicals, to change the plural
to the singular in Constitution Article XIV, paragraphs 3 and 4.” This was prompted by one of the
changes made by 1975 convention, naming only The Lutheran Witness as “the official periodical of the
Synod.” The Lutheran Witness was now to “include official reports and notices” (Bylaw 11.81). When,
however, the 1977 (and subsequent) handbooks again named The Lutheran Witness and Reporter as the
Synod’s official periodicals, paragraphs 3 and 4 of Constitution Art. XIV were not updated and continue
to read in the singular to this day: “in the official periodical.” Article XIV should have been updated to
the plural at that time like all of the other mentions of the periodicals of the Synod in the Handbook,
which included Constitution Art. XI 8.
It is clear, therefore, that Constitution Art. XIV, while it speaks of “the official periodical” in the singular,
is to be interpreted to speak in the plural, given the listing of periodicals in 2007 Bylaw 3.8.5.2.3 (2010
Handbook Bylaw 3.4.3.7) where The Lutheran Witness and Reporter are both named.
Question 2: Is Reporter Online to be considered from this time forth to be the equivalent of Reporter for
constitutional and bylaw purposes?
Opinion: Reporter Online is now and has been since its implementation an official periodical of the
Synod. As early as 1966, Reporter was considered such an official periodical, to be used to publish
official reports and notices. This has been and continues to be the case, except for a brief period of time
following actions taken by the 1975 convention of the Synod, as already noted in #1 above. Reporter
Online is Reporter using current technology to expedite carrying out its purposes, one of which is to
publish official reports and notices. Therefore, yes, Reporter Online is to be considered the equivalent of
Reporter for constitutional and bylaw purposes. Rather than robbing the members of the Synod of an
opportunity for informed decision-making, its use broadens the circulation of official notices of the
Synod, reaching a new and significant audience and thereby enhancing the opportunity for informed
decision-making.
Question 3: If the announcements required by the Constitution of the Synod have not been made
according to the requirements plainly listed there (the deadline, October 17, is now past),
then what becomes of the proposed constitutional amendments?
Opinion: This question is moot. The use of The Lutheran Witness, Reporter, and Reporter Online was
appropriate (see #s 1 and 2 above), and the three notices required by Constitution Art. XIV were thereby
published and distributed in advance of the October 17 deadline.
(Adopted 11/6/10)
15. Dispute Resolution Process Advisors (10-2584)
In an e-mail dated October 23, 2010, a hearing facilitator in a dispute resolution process, pursuant to
Bylaw section 1.10, asked the commission the following question regarding the submission of a written
statement of evidence by an advisor to a party to the dispute:
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