LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — April 10–11, 2015, Page 14

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By an e-mail dated March 5, 2015, a member of the Synod posed several questions to the Commission on
Constitutional Matters. Throughout these questions, circumstances and conclusions were stated for which
the questioner provided no factual bases. In order to avoid perpetuation of innuendo (8th commandment),
the commission has redacted those portions of the questions and attempted to restate fairly what appeared
to have been the substance of the question.
Question 1:

[After stating his opinion concerning the manner in which the Council of Presidents
conducts business (including the use of executive session), the questioner asked whether
this causes] an appearance of impropriety, cause[s] confusion in the Synod, or create[s]
potential liability (cf. Bylaw 1.5.1.3).

Opinion: The commission’s responsibility, as generally set forth under Synod Bylaw 3.9.2, is “…to
interpret the Constitution, Bylaws, and resolutions of the Synod and ensure that the governing instruments
of the Synod and its agencies are in accord with the Constitution and Bylaws of the Synod.” Although the
question does make reference to Synod Bylaw 1.5.1.3, which states,
Every board or commission member, officer, and all staff of corporate Synod and every agency of the
Synod shall be sensitive in their activities to taking or giving offense, giving the appearance of impropriety,
causing confusion in the Synod, or creating potential liability.

the question gives no indication how this bylaw may require interpretation, but merely offers it for
“comparison” (hence the abbreviation “cf.” in the question). The question does not present a matter upon
which the Commission has the authority to respond.
Question 2:

[…] [C]an the Commission on Constitutional Matters require the Council of Presidents to
publish the full minutes of their executive sessions?

Opinion: The commission has no responsibility or authority to direct the Council of Presidents or any
other entity, agency, body, or member of the Synod to act in any fashion. As indicated earlier, the
commission exists “…to interpret the Constitution, Bylaws, and resolutions of the Synod and ensure that
the governing instruments of the Synod and its agencies are in accord with the Constitution and Bylaws of
the Synod” (Synod Bylaw 3.9.2).
Question 3:

[The questioner asked whether the Council of Presidents’ use of a policy manual in the
conduct of its business] “give[s] an appearance of impropriety, cause[s] confusion in the
Synod, or create[s] potential liability (cf. Bylaw 1.5.1.3).”

Opinion: No, the mere use of a policy manual does not indicate that Bylaw 1.5.1.3 has been violated. The
use of policy manuals is anticipated throughout the Synod’s Bylaws in numerous places.
Question 4:

Can the Commission on Constitutional Matters require the Council of Presidents to publish
their policy manual?

Opinion: No. The Synod’s Bylaws and Constitution do not include any provision addressing whether the
Council of Presidents must release any policy manual upon a request for the same.
Question 5:

Is the file referred to in Bylaw 3.9.2.2.3 accessible by request of a member of Synod?

Opinion: As part of its responsibilities under 3.9.2.2.3, the commission maintains copies of documents
that the various entities of Synod are required to send to it in connection with the commission’s
responsibility to review and consider their compliance with the Constitution, Bylaws, and resolutions of
the Synod.
These materials are available to the commission in connection with its work and are accessed for that
purpose. The responsibility of the commission for receiving and maintaining these documents as a single
CCM Minutes – April 10–11, 2015 – Page 76