LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — November 6–7, 2010, Page 8

Transcription machine transcription, uncorrected

⤓ Download .txt · copy text

7. An opinion rendered by the Commission on Constitutional Matters shall be binding on the question
decided unless and until it is overturned by a convention of the Synod. When an opinion pertains to
business, legal, or property matters, and the Board of Directors of the Synod concludes that the
opinion of the commission is contrary to the laws of the State of Missouri, the board and the
commission or their representatives shall meet jointly to discuss the issue(s) and seek resolution. If an
agreement cannot be reached on whether the matter is governed by the laws of the State of Missouri,
the questions shall be presented to a five-member panel consisting of three hearing facilitators (Bylaw
1.10.12) chosen by blind draw by the Executive Director of Internal Audit of the Synod from the pool
of hearing facilitators; one person appointed by the commission, and one person appointed by the
board. At least one of the hearing facilitators must be an attorney, and the appointees of the
commission and board cannot be members of the groups that appointed them. The decision of the
panel in support of the Commission on Constitutional Matters or the Board of Directors shall be
binding on the issue unless and until it is overruled by a convention of the Synod.
8. Overtures to a convention seeking to overrule an opinion of the Commission on Constitutional
Matters must support the proposed action with substantive rationale from the Constitution, Bylaws,
and resolutions of the Synod. All overtures must be assigned to a floor committee and must be
included in a specific report to the convention, with recommendations for appropriate action (Bylaw
3.9.2.2 [c]). [Cf. Appendix B]
9. The Commission on Constitutional Matters will make itself available to the Commission on
Handbook for consultation immediately after each convention regarding revisions to the Handbook of
the Synod necessary to bring it into harmony with the resolutions and changes adopted by the
convention (Bylaw 3.9.4.2 [b]).
10. The Commission on Constitutional Matters also responds with due diligence to all assignments given
to it by the conventions of the Synod.
11. The Commission on Constitutional Matters is responsible to examine the Articles of Incorporation,
Bylaws, and policy manuals of every agency of the Synod, examining changes to articles and bylaws
in advance. The commission is to ascertain whether the documents and changes are in harmony with
the Constitution, Bylaws, and resolutions of the Synod (Bylaw 3.9.2.2.3). The commission is also
required to maintain a file of the Articles of Incorporation, Bylaws, and policy manuals of all
agencies of the Synod (Bylaw 3.9.2.2.3 [b]).
12. All legal opinions sought by the Commission on Constitutional Matters are shared with the Board of
Directors after the related opinion has been rendered.
13. Meeting dates of the Commission on Constitutional Matters are announced in advance, this
information provided in its meeting minutes and/or on the Synod’s Website calendar.
14. All substantive opinions of the Commission on Constitutional Matters are published every three years
in the Convention Workbook.
15. Minutes of Commission on Constitutional Matters meetings are made available in the Synod’s
Website for at least three years, subject to the addition of other opinions relating to frequently asked
questions. The date on which an opinion was decided is now included at the bottom of each opinion.

138