LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — April 1–2, 2016, Page 1

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MINUTES
COMMISSION ON CONSTITUTIONAL MATTERS
Hilton Airport Hotel, St. Louis
April 1–2, 2016

152. Call to Order, Opening Devotion, Review of Correspondence
Chairman George Gude called the meeting to order with all members present. He called on John Sias,
devotion leader for the meeting, for the opening devotion. Following the devotion, Chairman Gude
reviewed correspondence received and responses provided since the commission’s December 2015
meeting.
153. Approval of Minutes—Decision by Email and February 22, 2016 Conference Call
Secretary Raymond Hartwig presented for approval minutes of a commission decision by email and a
February 22 conference call. A motion was introduced and carried to approve the minutes as presented.
Their content essentially consisted of the following two opinions, 15-2781 and 16-2785.
Review of Bylaws for New Legal Entity in the Dominican Republic (15-2781)
The Chief Administrative Officer of the Board of Directors forwarded to the commission the documents that
had been drawn up to authorize and approve the creation of a legal entity in the Dominican Republic. Upon
initial review, the commission expressed concern with the structure of the document, its unfamiliar language,
confusing terminology regarding membership, et al. As such, the commission was not immediately satisfied
that the document complied with Synod Bylaw section 1.5 (e.g., how Bylaw 1.5.1 is thought to pertain to such
foreign organizations), the relevance of 1981 Res. 5-07, etc.
While the commission continues to be concerned about the document’s unfamiliar vocabulary, having made it
difficult for the commission to carry out its important responsibility to ascertain whether it is “in harmony with
the Constitution, Bylaws, and resolutions of the Synod” (Bylaw 3.9.2.2.3), the commission also recognizes that
the Board of Directors is the legal representative of the Synod and the custodian of its property. If the board and
legal counsel are satisfied that the wording of the corporation protects the interests of the Synod, then the
commission is ready also to say that the document for the new legal entity does not contradict the Constitution,
Bylaws, and resolutions of the Synod, which is, finally, the commission’s specific responsibility. The
commission thanks responsible parties for clarification and minor corrections, allowing the commission to
conclude that its concern for compliance has been satisfied.
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Manner and Extent that Nominees Should Be Contacted to Determine Slates of Candidates for Regional
Positions (16-2785)
The Secretary of Synod posed this urgent question to the commission on February 11, 2016 immediately upon
early tallying of results of the nominating process for regional mission board and regional board of directors
positions.
Question: This request for a CCM opinion pertaining to Bylaw 3.12.2.7 is prompted by early tabulations of
nominating ballots for regional positions on the Board of Directors and the two mission boards in
preparation for the 2016 convention elections. In the case of some of these regional positions, the
ballot results make it necessary to turn to nominees who have received a single nominating vote in
order to meet the bylaw requirement of five candidates for each position (Bylaw 3.12.2.7 [c]).
Given the large numbers of these single-vote nominees, it becomes problematic, even impossible,
to contact all of them, to grant them time to give consideration to allowing their names to stand for
election, and to obtain their signed consent to serve, biographical, and other information required
for the Convention Workbook—all within the short period of time established by bylaw.