LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — November 2–4, 2012, Page 10

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22. All questions/submissions to the Commission on Constitutional Matters are provided to its
members in both electronic and hard copy, as requested by each member. The Secretary of the Synod
also provides the chairman of the commission with copies of all letters mailed on its behalf.
23. Additional Commission on Constitutional Matters policies:
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The commission may meet by either video/teleconference or in person. It is required to meet
four times per year. The commission’s position has been that it should hold face-to-face
meetings at least two times per year.
Commission meetings begin with prayer. Each member may be called upon to provide the
prayer and/or an opening devotion.
The agenda for each commission meeting is provided to members in advance, identifying the
questions for which opinions are requested. While the chair makes assignments in advance of
meetings, any member of the commission is free to write an opinion in answer to a specific
question. The commission then works to reach a consensus at the meeting. Most questions
have been resolved by consensus, but voting is permitted, if necessary, after discussion of
issues.
Historically, while most of the commission’s opinions have been unanimous, in the event a
decision is not unanimous, no minority opinion is to be published. (See Bylaw 1.5.6)
The commission speaks as one primarily through its opinions and secondarily through its
chairman. All communication between commission members relating to commission business
(agenda items) is privileged, confidential and private, is work product, is not to be produced
or made available to any outside parties, is not discoverable in a legal proceeding and is not
to be produced, even to a court of law, except by decision of the commission itself.
The commission responds to questions asked in writing, and its opinions are based on the
Constitution, Bylaws, and resolutions of the Synod. If a question relates to a theological
issue, the questioner may be directed to the Commission on Theology and Church Relations
(CTCR) for counsel, or the commission itself may consult with the CTCR before rendering
an opinion.
During the course of its work, the commission may encounter concerns to be addressed by
the Commission on Handbook, whose responsibility it is to respond to requests from agencies
of the Synod to propose new provisions to address such specific handbook-related issues that
surface between conventions (Bylaw 3.9.4.2 [e]).
No opinion is to be shared outside the commission until the minutes of the meeting that
include the opinion have been issued. An exception may be made in cases in which the
Secretary of the Synod has been moved by time constraints to ask for an exception so that he
may notify parties involved.
Draft minutes are provided by email to the commission’s members, and time is allowed for
suggested revisions. When minutes are adopted, they are provided to commission members
by email and also in hard copy as requested by each member.

[Revised 11/07/10; minor editing 2/18–20/2011; revised 11/3/2012]

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[Appendix A]
COMMISSION ON CONSTITUTIONAL MATTERS PRIMARY BYLAWS (2010 Handbook )

317