LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — June 25, 1997, Page 3

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Moreover, Bylaw 3.103, b, cannot be read apart from Bylaw 3.103, c, which speaks to the issue of
exercising executive power for a purpose for which there is no specific directive. The language of the bylaw
expressly grants the President the authority to act in unforeseen circumstances. The same provision provides
a second limitation upon unilateral exercise of executive power. Prior to such exercise of power, the
President must consult with one of the four groups identified ' namely, the Praesidium, the Board of
Directors, the Council of Presidents, or the Council of Administrators, whichever he judges to be most
appropriate.
The provisions of Bylaw 3.103, c, are intended to allow the Synod to respond with some flexibility through
the actions of its CEO to unusual, difficult, or unforeseeable situations. It does not allow for the
untrammeled exercise of executive power. The President may not act in an arbitrary and capricious manner.
His supervision "shall be in accordance with the Constitution, Bylaws, and resolution of Synod, and in
accordance with the decisions of the boards and commissions under which the executives serve and of the
Board of Directors of The Lutheran Church-Missouri Synod" (Bylaw 3.101, h). He is required to consult
with "the Vice-Presidents, the Board of Directors of The Lutheran Church-Missouri Synod, the Council of
Presidents, or the Council of Administrators, whichever in his judgment is most appropriate" (Bylaw 3.103,
c) before exercising executive authority under this provision.
A third limitation on executive power is mentioned in two separate bylaws. Bylaw 3.101, h (regarding dayto-day supervision of synodical staff) provides that actions of the President regarding such decisions of
boards or commissions are subject to appeal."
Bylaw 3.103, c (regarding the power of the President to act when there is no specific directive of Synod)
also grants that "Any member of Synod shall have the right to appeal to the convention of the Synod from
his action" (3.103, c).
Questions 2 and 3
Bylaw 12.01 states that the official periodicals of the Synod shall
1)

As a primary purpose, promote growth and strengthen the individual Christian life.

2. Include official reports and notices.
3. Promote the Synod's work.
4. Promote current synodical news.
5. Transmit to the congregations information concerning the Synod's position and programs.
6. Assist congregational leaders in developing coordinated programs.
7. Facilitate the exchange of information concerning successful methods of practical church work.
8. Serve as a forum for the responsible exchange of opinion on issues confronting the Synod.
9. Report general church news of interest to the Synod.
The questions raised by the Board for Communication Services revolve around the judgment of what
constitutes a "responsible exchange of opinion on issues confronting the Synod" and what its mandate is to
publish "general news of interest to the Synod." The previous opinion of the CCM regarding executive