LCMS Convention Workbook St. Louis, Missouri — 1973, Page 204

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204 CONSTITUTIONAL MATTERS

Denver convention resolved in 4-31 “that the President of
the Synod designate or appoint a committee to study these
and related questions and to present its findings and rec-
ommendations to the 1971 convention.”

That committee was appointed and presented Bylaw
changes to the Milwaukee convention. In the process of
clarifying Bylaws through changes, deletions, and additions,
the committee discovered an increasing number of ambi-
Zuities and weaknesses, but it lacked the time to develop
comprehensive recommendations for their removal. Con-
sequently the Milwaukee convention in 1971 resolved in
Res. 5-09 and others, that these and similar problems which
were called to the attention of the convention through
overtures be assigned to a new committee appointed by
the President with instructions to report to the Synod at the
next convention.

This committee consisted of Roland P. Wiederaenders,
chairman, Carl Dauten, Wilbert E. Griesse, Herbert Mueller,
Harold Olsen, Paul Picard, Ralph Reinke, Herman C. Scherer,
Aug. R. Suelflow. and Paul A. Zimmerman. The committee
met eight times during the biennium.

The Milwaukee convention assigned 10 major areas to
the committee:

1. Delegates at conventions, including their election, vot-
ing rights, and student and youth representation (Res.
5-44, 5-09, 5-37, and 15-02);

2. Convention publications, reports and overtures from
councils, auxiliaries, and individuals. and their screen-
ing, as well as the scope of biographical information
for synodical elections (5-12, 5-45, 4-47, and the con-
vention minutes, p. 31);

3. The role and function of the Council of Presidents
(5-11 and 5-21):

4. The responsibilities, functions, and relationships of
the Council of Administrators and the divisions and
the chairmen of the divisions (5-11):

. Internal communications (5-11);
. Planning and budgeting in the Synod (Res. 5-11):

. The possibility of combining or restructuring several
synodical commissions (Res. 4-47, 5-17; and 4-45):

“Mm Ut

8. The election or appointment of boards and commis-
sions as well as the consideration of some adminis-
trative realignment (Res. 4-39 and 4-40);

9. The nature, function, frequency, kinds, and represen-
tation at synodical and District conventions (Res,
5-09) ;

10. A general review of the Constitution and Bylaws
(Res. 5-30).

The committee consulted a large number of individuals,
boards, and commissions and heard reports from others in
the discharge of its assignments. Since it had no staff, all
of its workload was borne by committee members, already
charged with responsibilities in other sectors of the church.
The committee is proposing the following recommendations
to the New Orleans convention for adoption.

I. Referrals

In addition to the 10 assignments listed above, further
work was referred to the committee by the Board of Di-
rectors. The Milwaukee conyention adopted an omnibus
resolution referring to the Board of Directors a variety of
convention resolutions which had been proposed by floor
committees, but the convention itself did not have time to
consider them. The resolution reads in full:

WHEREAS, This 49th delegate assembly of The Lutheran

Church — Missouri Synod, assembled at Milwaukee, Wis.. July

9 through 16, is nearing the time of its adjournment sine die:

and

Wuereas, There are matters yet pending before this con-
vention as items of business reported by floor committees of the
same; and

Wuereas, The Board of Directors of the Synod is the ap-
propriate body according to the Bylaws of the Synod vested with
the general management and supervision of the Synod's busi-
ness and legal affairs, especially between the Synod's delegate
conventions; therefore be it

Resolved, That all items appearing in Today's Business, as
resolutions of the floor committees of this convention and upon
which item or items no delegate action has been taken. be by

this omnibus resolution assigned to the Board of Directors of
the Synod for study and report to the 1973 convention. (Pro-
ceedings, 1971, p. 40)

The Board of Directors, in turn, referred some of these
resolutions (4-42: 4-40; 4-39: 5-25: 5-48: 4-44: 5-45) to the
Committee on Organization for study and report to the
1973 convention. Part I of the committee's report addresses
itself to these assignments.

1. To Change Bylaws Re Staff Officers in
Elective and Appointive Positions (4-42)

After reexamining Section 2.15 of the Bylaws, the com-
mittee concluded that a separate paragraph (Proceedings,
1971. p. 150) may not be necessary because it does not suffi-
ciently add new dimensions to the existing Bylaws. After
reiterating its concern that all “conflict of interest” which
mav be incurred by a staff member's service on synodical
or District boards should be avoided, it nevertheless recog-
nized that synodical and District staff members should not
categorically be excluded from rendering services on synod-
ical and District boards and commissions.

In view of these considerations. the Committee on Or-
ganization recommends to the New Orleans convention that
it consider the present Bylaw Section 2.15 a. b, and ¢ ade-
quate safeguards. and that therefore Milwaukee convention
Res. 4-42 be declined as unnecessary.

2. Election or Appointment of Boards (4-40)

A second resolution, namely 4-40 (Proceedings. 1971. pp.
148—149) represents an effort to establish a rationale be-
tween the appointment and the election of all synodical
boards and commissions.

Since then. the committee has reexamined its original
proposals and modifications which the Milwaukee floor com-
mittee presented. As a result of this examination, the Com-
mittee on Organization recommends to the New Orleans
convention the adoption of the following resolution:

To Revise Bylaws Re Appointment Method of Boards
and Commissions

Wuereas, The President of the Synod is given the author-
ity (responsibility) and charged with the accountability
provided in the svnodical Handbook. Bylaw Section II B and
related and supplementary constitutional and Bylaw provi-
sions: and

Wuereas, The Board of Directors is given the authority
(responsibility) and charged with the accountability pro-
vided in synodical Handbook Bylaw Section II F and related
and supplemental Bylaw provisions: and

Wuereas, The exercise of the appointment authority by
the President in consultation with the Board, or the Board
appointing the various boards and commissions of the Synod,
is in keeping with that responsibility and accountability: and

Wuereas. There is no clear basis for the existing differ-
ences in appointment method: and

Wuereas, General criteria for such differences would be
most helpful: therefore be it

Resolved, That the Bylaws be revised to establish criteria
for classifying boards and commissions as to the method of
appointment used: and be it further

Resolved. That the affected organizations be reclassified
accordingly: and be it further

Resolved. That. to implement these changes. Sections 2.03
and 2.05 of the Handbook be deleted and the following sec-
tions be added:

2.02 Boards and Commissions

The Synod shall establish several boards and
commissions with specific responsibilities to further
the work of the church.

a. Boards

Normally a board is charged with the responsi-
bility for an established operating or administrative
program or for adjudicative functions of the Synod.

b. Commissions

Normally a commission is charged with the per-
formance and execution of specific service func-
tions assigned to it by the Synod.