LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — October 21–22, 2016, Page 6

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12. If the President of the Synod Fails to Act (16-2797)
In a Sept. 22 e-mail, the Secretary of the Synod, seeking to define the scope of the Res. 12-14 bylaw
amendment task, noted that the resolution adds “or the President of Synod” to the district president as one
who might fail to act or decline to suspend (by the 2.15 or 2.17 processes, presumably, as addressed in
Res. 12-01A)—a situation not addressed in CCM Op. 16-2791. The body of the resolution requires the
constitutional issues raised by CCM Op. 16-2971 to be addressed, but also in the end, generally, that
“clear bylaw procedures regarding this aspect of ecclesiastical supervision” be implemented, which may
be interpreted as referring to the title’s broader scope. He posed two questions:
Question 1: Does 2016 Resolution 12-14 authorize or require the present Bylaw 7.1.2 process to
address the Synod President’s failure to act or declination to suspend in the 2.15 or 2.17 process?
Question 2: If so, how does the Constitution, as interpreted in light of CCM Op. 16-2791, speak
to requirements for the development of such a process?
The commission considered the relevant material and the questions. After significant discussion, action
was deferred until the November meeting.
13. Discussion of Correspondence (16-2793)
The commission discussed a lengthy and complex correspondence, received from a member of the Synod,
as to how it might properly respond to its various elements, not all of which are properly requests for
opinions. Further discussion was deferred to the commission’s November meeting.
14. Planning to Carry Out 2016 Res. 9-02A: To Assure Uniformity of Relationship and Asset
Disposition Language in Governing Documents of Corporate Agencies of the Synod
The commission noted its assignment to review the compliance of Synod’s agencies with the
requirements of new Bylaw 1.5.3.6 and the still-in-force provisions of 1981 Res. 5-07 in time to report to
the 2019 Convention. The commission asked the Secretary of Synod to request Articles of Incorporation,
Bylaws, and any other governing instruments from colleges, universities, and seminaries, as well as any
of their affiliated agencies, so that it might begin its review. Secretary Sias noted that the Board of
Directors is now beginning work on revising its policies to reflect Res. 9-02A, and that this policy, too,
would be reviewed by the commission.
15. Future Meetings
The commission scheduled the following meetings:
•
•
•

November 21–22, 2016 (Schaumburg, Illinois; in part, a joint meeting with the Council of
Presidents, pursuant to 2013 Res. 6-16A)
February 3–4, 2017 (tentative)
May 12–13, 2017 (tentative)

16. Adjournment
With the business before the commission exhausted, Chairman Gude called on Secretary Sias for a
concluding prayer, at which time the commission retired to a working lunch (at which the consequences
of assistant pastors being removed as “advisory members only” of the Synod were discussed) and
subsequent adjournment (at 1:30 p.m. Saturday).
John W. Sias, Secretary

CCM Minutes – October 21–22, 2016 – Page 6