LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — November 2–4, 2012, Page 8

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limited by this or any other bylaw or policy from requesting input from anyone (written or otherwise),
if the commission so desires.
8. 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 (Bylaw 3.9.2.2 [c]). 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 or the board shall be binding on the issue unless and until it is
overruled by a convention of the Synod (Bylaw 3.9.2.2).
9. 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]
10. All legal opinions received and considered by the Commission on Constitutional Matters are
shared with the Board of Directors after the related opinion has been rendered. (See Bylaw 3.3.4.4.)
All discussions with legal counsel and all opinions from legal counsel will be kept confidential by the
commission and will not be published.
11. The Commission on Constitutional Matters will select one of its voting members to serve as an
advisory member to the Commission on Handbook (Bylaw 3.9.4.1 [1]). The commission 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]).
12. The Commission on Constitutional Matters also responds with due diligence to all assignments
given to it by the conventions of the Synod.
13. 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 seeks to coordinate its responsibility with the responsibility of the Board of Directors of
the Synod (see Bylaw 3.3.4.3 and 3.3.4.5 [a] [2]). 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]).
14. The Bylaws of the Synod require the Commission on Constitutional Matters to provide
comprehensive procedures manuals for Synod’s dispute resolution and expulsion from membership
processes. Accordingly, Standard Operating Procedures Manuals have been prepared for Bylaw
sections 1.10, 2.14, 2.15, 2.16, and 2.17. In consultation with the Secretary of the Synod and the
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