MINUTES COMMISSION ON CONSTITUTIONAL MATTERS 2013 Convention Site, St. Louis July 17 25, 2013 [Note: The initial three days of this meeting were held at the Embassy Suites Hotel in downtown St. Louis, near the site of the 65th convention of the Synod.] 212. Call to Order, Opening Devotion, and Preparation for Meeting Chairman Wilbert Sohns called the meeting to order and called on Philip Esala (who served as chaplain for the entire meeting) for the opening devotion. He then recalled the series of events that led to the meeting with the President of the Synod to take place at this meeting and presented a proposed action by the commission for discussion prior to and during that meeting. The meeting with the President of the Synod took place during the forenoon of the first day of the commission s meeting. After amicable discussions and with the support of the President, the commission released its special report recorded in item #219 below. 213. Review of Proposed Convention Resolutions The commission spent a major portion of its meeting reviewing the resolutions being proposed by the convention floor committees as published in the pre-convention issue of Today s Business. 214. Fellowship of Peers (13-2665) In a letter dated January 23, 2013, a member of the Synod submitted two questions regarding the meaning of fellowship of peers in the dissent process of the Synod, given new developments in electronic media, past practice, etc. The commission considered a draft provided by one of its members and will continue its discussion at its August 9 11, 2013 meeting. 215. Status of Church and Ministry (13-2677) In a letter dated June 13, 2013, a member of the Synod requested the commission s opinion regarding the official status of Dr. Walther s Church and Ministry in The Lutheran Church Missouri Synod and whether it is an official doctrinal statement of the Synod. After brief discussion, the commission postponed further consideration and action until its August 9 11, 2013 meeting. 216. Review of Governing Documents for Legal Entity in Singapore (13-2678) With an emailed letter dated June 27, 2013, the Chief Administrative Officer of the Synod forwarded for review governing documents for a legal entity in Singapore designed to facilitate the needs of the Office of International Ministry s Asia Pacific and Oceania regional office. The commission offered the following response regarding specific details in the documents. Clause 3 on page 1 reflects the essence of 2001 Res. 4-11 but it does not repeat the resolution s provisions verbatim as required. There is also no reference to point 4 of the resolution. This will require a specific resolution by the Board of Directors of the Synod approving the omission and change in wording.
Clause 9 on page 4, which speaks of distribution of assets in the event of the winding-up of the Company, requires special attention by the Board of Directors of the Synod to satisfy the Synod s reversionary interests in remaining assets. Clause 44 on page 14, which addresses conflict of interest issues, requires reference also to the Synod s conflict of interest Bylaw 1.5.2. Clause 46 on page 15 requires reference to Synod Bylaw 1.5.7 and its process for removal of individual members from board membership. Clause 71 on page 19 should call attention to Bylaw 1.5.4 and its requirements for full financial disclosure. Clause 85 on page 21 serves to underscore the importance of reference to 2001 Res. 4-11 in Clauses 3 and 9 of the document. 217. 2013 Proposed Resolution 1-06 (13-2680) In an e-mail dated July 9, 2013, Mr. Bruce E. Wurdeman, Executive Director of Lutheran Hour Ministries, made inquiry of the Commission on Constitutional Matters concerning Resolution 1-06 as printed on pages 51 and 52 of Today s Business of the 2013 LCMS convention. Under the provisions of Synod Bylaw 3.9.2.2 (a), Mr. Wurdeman also requested an opportunity to appear before the commission. Questions: (1) Are Resolution 1.06 and the bylaw change that resolution calls for compatible with Bylaw sections 6.1 and 3.8? and, (2) If not, should 1.06 be allowed to come to the floor of the convention? Opinion: Appropriate notice concerning the requested opinion was provided to the officers/agencies affected, according to Synod Bylaw 3.9.2.2 (b). The commission received information relevant to this matter from Dr. Albert Collver and President Matthew Harrison and met with Mr. Wurdeman (who was accompanied by Mr. Kurt Buchholz, Chairman of the Board of Directors of Lutheran Hour Ministries). Having considered the information received from the sources indicated and following its independent review, the commission concludes that proposed Res. 1-06 as printed on pages 51 and 52 of Today s Business is not in agreement in content with the Bylaws of the Synod and should not be presented to the Synod convention in that form. At the outset it should be noted that the proposed changes as stated in the resolution indicated are included in an incorrect section of the Bylaws, as they relate to auxiliaries and should more properly be addressed under Synod Bylaw section 6.1 as it relates to auxiliaries. More problematic, however, as became apparent during the commission s review, are other areas of the Synod s Bylaws that would require adjustment and amendment, including at least Synod Bylaw section 6.1 and Bylaws 3.8.3ff., 3.8.3.3ff., and perhaps even 3.3.1.1.2. There is no constitutional or bylaw prohibition against the Synod in convention amending its bylaws to effectuate the changes sought. The commission does not intend by this to speak to the wisdom of the Synod either making or not making these changes, but the commission notes that such changes will require some complexity of amendment throughout the bylaws, which would merit careful study. 218. Constitutionality of 2013 Res. 4-09 and 4-07 (13-2681) In a July 11, 2013 email, a member of the Synod submitted a series of questions regarding the propriety of proposed 2013 Res. 4-09 in its present form and whether the adoption of Res. 4-07 and 4-09 would have the effect of amending Constitution Art. VI 2 b. The commission determined that unless circumstances changed and a floor motion would undo the commission s suspension of Opinion 11-2598 CCM Minutes July 17-25, 2013 Page 373
(see #219 below) and the floor committee s willingness to act accordingly, Res. 4-07 and 4-09 would be withdrawn by the floor committee and any questions in their regard would be rendered moot. 219. Reconsideration of CCM Opinion 11-2598 and CCM Participation in 2010 Res. 8-30B (13-2682) Following discussion with the President of the Synod and Dr. Albert Collver of his staff regarding issues associated with proposed convention Res. 4-07 and 4-09, the following special report of the commission was provided to the convention floor committee and to the convention (TB, pp. 230 231). COMMISSION ON CONSTITUTIONAL MATTERS SPECIAL REPORT The Commission on Constitutional Matters, acting on its own initiative, by the mercies of God and out of Christian love, for the sake of unity in the Synod and to assist the Synod to focus on the Lord s mission given the church, and in order to assist the Synod to focus on the Article VI study of the Synod s Constitution mandated by 2010 Resolution 8-30B, approved the following resolution that it previously prepared and then discussed with the President of the Synod and with Floor Committee 4: Reconsideration of CCM Opinion 11-2598 and CCM Participation in 2010 Res. 8-30B In a letter dated July 1, 2013, Dr. Matthew Harrison, the President of the Synod, formally asked the Commission on Constitutional Matters to set aside or rescind the commission s Opinion 11-2598 for the sake of the Synod and her ongoing study of Article VI of the Synod s Constitution which was mandated by 2010 Resolution 8-30B. WHEREAS, In a letter (cf. Bylaw 3.9.2.2) to the Commission on Constitutional Matters dated July 1, 2013, Synod President Harrison stated: A setting aside or rescinding of CCM opinion 11-2598 would promote unity in our Synod and demonstrate that both the CCM and the President's Office are fully committed to the study of Article VI as 2010 Resolution 8-30B mandates. By the mercies of God and for the sake of the Synod, I beseech you to work with me to promote unity in the Synod through a study of Article VI unencumbered by CCM opinion 11-2598 ; and WHEREAS, the adopted 2010 Synod Resolution 8-30B states: WHEREAS, The Blue Ribbon Task Force on Structure and Governance has proposed an amendment to Constitution Article VI (Requirements of Membership) for the purpose of clarification and affirmation; and WHEREAS, Concerns have been expressed throughout the history of the Synod, including recently, about the proper understanding and application of Article VI with respect to the conditions or requirements for acquiring and holding or retaining membership in the Synod; and WHEREAS, These concerns as well as misunderstandings and misapplications of Article VI have included such matters as subscription to [Synod s] Constitution ; Renunciation of unionism and syncretism of every description ; Exclusive use of doctrinally pure agenda, hymnbooks, and catechisms in church and school ; and examination and approval of [congregation s] constitution and bylaws by the district ; and WHEREAS, The requirements for membership reflect the identity and values of Synod; and CCM Minutes July 17-25, 2013 Page 374
And WHEREAS, The ministers of religion ordained and the ministers of religion commissioned of the Synod have an important role and responsibility in the life of the church; and WHEREAS, Membership in the Synod carries clear expectation; and WHEREAS, The LCMS is made up of congregations from a great diversity of cultural contexts, calling for an appropriate measure of flexibility in communicating the saving message of the Gospel; therefore be it Resolved, That the President of the Synod in consultation with the Council of Presidents, the Commission on Theology and Church Relations, and the Commission on Constitutional Matters make provisions for the preparation of materials (a study) that explain the biblical, confessional, and historical basis for Article VI of the Synod s Constitution and the current and historic bylaws that elucidate the article; and be it further Resolved, That the study involve the Council of Presidents, the districts, circuits, and seminaries; and be it further Resolved, That the congregations of the Synod be encouraged to engage in the study to promote unity, harmony, and understanding; and be it further Resolved, That following the study, the Commission on Handbook, in consultation and concurrence with the Synod President, the Commission on Constitutional Matters and the Council of Presidents, submit a proposal to clarify and affirm or amend Article VI to the next convention of Synod; and be it finally Resolved, That we give thanks to the almighty God for the privilege and opportunity He gives us to work and walk together in this Synod as His ambassadors in and to the worlds in which we live. WHEREAS, The urgency of this study was conveyed in the concluding paragraph of Commission on Constitutional Matters Opinion 11-2598 with these words: The commission urges the timely implementation of this convention resolution including its second-last resolve paragraph: Resolved, That following the study, the Commission on Handbook, in consultation and concurrence with the Synod President, the Commission on Constitutional Matters and the Council of Presidents, submit a proposal to clarify and affirm or amend Article VI to the next convention of Synod (emphasis added); and WHEREAS, The Commission on Constitutional Matters has already partially fulfilled its 8-30B responsibilities by submission of materials on September 27, 2011, to be included in the study to take place; and it is the commission s prayer, hope, desire, and strong encouragement that the commission s materials be put to good use; therefore be it Resolved, That the Commission on Constitutional Matters suspends (sets aside application of) its Opinion 11-2598 until the completion of the study mandated by 2010 Synod convention Res. 8-30B; and be it further Resolved, That based on the study of Article VI and the subsequent action by the 2016 convention of the Synod in the fulfillment of 2010 Res. 8-30B, the Commission on Constitutional Matters may, if necessary, reconsider or revisit Opinion 11-2598; and be it further CCM Minutes July 17-25, 2013 Page 375
Resolved, That the Commission on Constitutional Matters continue to participate fully in the study as mandated in 2010 Resolution 8-30B, including providing helpful materials for the study; and be it finally Resolved, That the Commission on Constitutional Matters participation in the study and subsequent action ( to clarify and affirm or amend ) will contribute toward unity, harmony, and understanding as the Synod walks together in communicating the saving message of the Gospel in and to the worlds in which we live. 220. District Articles of Incorporation Template/CCM Checklist The commission determined to postpone its final discussion of its draft of a district Articles of Incorporation template until its August meeting, anticipating a response from legal counsel prior to finalization. 221. Remaining Business Upon review of remaining items on its agenda, the commission noted that correspondence received was reviewed, with an acknowledgement of receipt letter to follow as appropriate. The following items will remain on the commission s agenda for its next meeting: o CHI Policy Manual Review (08-2523) o Article VI and Heterodox Congregations (09-2544) o Southern District CEF Operations Manual (11-2605 [C]) o Indiana District Articles of Incorporation (11-2619 [B]) o Mid-South District Articles of Incorporation and Policies (11-2624 [B]) o New England District Articles of Incorporation (12-2633 [A]) o Pacific Southwest District Articles of Incorporation (12-2637 [B]) o Texas District Articles of Incorporation (12-2640 [A]) o Questions re close v. closed Communion (12-2654) o Fellowship of Peers (13-2665) o Minnesota South District Revised Policy Manual (13-2673) o Status of Church and Ministry (13-2677) o Texas District Handbook Final Review (13-2679) o CUS Presidential Search Committee (13-2686) o Review of 2013 Convention Resolutions (Bylaw 3.9.4.2 [b]) o Review of CCM Governing Policy Document o Council of Presidents Policy Manual Review o Mission Boards Policy Manuals Review o District Articles of Incorporation Templates/CCM Checklist o Council of Presidents Policy Manual o CCM Web Site Review o Revision of Aberrations and Concerns Document o Status of Agency Governing Documents Reviews and Files 222. Future Meeting Dates Discussion/Adjournment The commission reviewed its schedule of future meeting dates, also discussing the transition from the current to the next commission following the appointments of three members at the beginning of the coming triennium: CCM Minutes July 17-25, 2013 Page 376
August 9 11 Regular Meeting November 8 10 Regular Meeting With time for the regular portion of its July 17 19 meeting having expired, the commission recessed its meeting to join the convention floor committees for their pre-convention meetings. Raymond L. Hartwig, Secretary [Note: The following are supplemental minutes provided by Daniel Lorenz in the absence of the secretary of the commission due to convention responsibilities. They are a record of meetings held as needed during the 2013 Synod convention.] 223. Bylaw 3.9.2.2.2 Responsibilities During the open and closed meetings of the floor committees and throughout the course of the convention, members of the commission participated in the meetings in fulfillment of Bylaw 3.9.2.2.2. Formal input was provided to various committees in writing and by email as deemed appropriate. Areas of concern included the distinctions between supervision, ecclesiastical supervision, and oversight ; the possibility of creating what would effectively be operating boards reportable and responsible only to the convention without reestablishing the requirements for such boards as were removed by actions of the 2010 convention; and assignment of responsibilities to boards or other agencies not consistent with their enumerated functions and without amending the functions assigned by the Bylaws of the Synod. 224. Bylaw 3.9.2.2.1 Responsibilities During the course of a convention, the commission is charged with the responsibility to examine all reports, overtures, and resolutions to the Synod asking for amendments to the Constitution and Bylaws of the Synod or which in any manner affect the Constitution and Bylaws, to determine their agreement in content with the Constitution and Bylaws of the Synod. The commission did so in consultation with the floor committees and those who submitted various proposed amendments and substitute resolutions, and by reviewing those materials submitted to or published in each day s edition of Today s Business. 225. Eligibility of Seminary Staff to Serve on Concordia Historical Institute Board of Governors (13-2683) During the Tuesday session of the convention and following the election of a seminary staff member to the Concordia Historical Institute Board of Governors, a challenge was made to the eligibility of such member to serve. Bylaw 1.5.1.1 reads: Unless otherwise specified or permitted by the Bylaws, chief executives and executive directors, faculty, and all staff on either the national or district level shall not be members of the board of an agency under which they serve, nor shall any such executives or staff be members of the board of any other agency of the Synod. After review of 1989 Res. 5-01, it was clear that while the 1989 convention reinstated the right of faculty to serve on agency boards other than the agency under which they serve, that same right was not granted to staff. As such, the commission determined that the staff member could not serve as a board member of an agency of the Synod, and the election was ruled invalid. 226. Commission Statement re Commission on Constitutional Matters Special Report (13-2684) During the course of the convention, the commission was asked to make a brief presentation and CCM Minutes July 17-25, 2013 Page 377
explanation of its special report, Reconsideration of CCM Opinion 11-2598 and CCM Participation in 2010 Res. 8-30B (see #219 above). A statement was prepared and reviewed by the commission and presented to the convention by one of its members. 227. Proposed Resolution 5-03D (13-2685) The commission was asked to provide input on draft Res. 5-03D as presented to the convention. Because of the press of business, the floor committee had not had opportunity to consult with the commission regarding the draft document. The proposed resolution contained reference to Bylaw 3.3.1.3, which had been amended earlier in the convention, and reference was changed to the language of Bylaw 3.4.3.8. Additionally, with respect to the use of the term governance, and for reasons discussed with a number of the floor committees, the term could not be used in a way which could be construed to create a program or operating board. Rather, the governance being provided is in the form described in the proposed resolution itself (through the providing of leadership, coordination, and oversight) rather than through the creation of policies or the exercise of supervision. 228. Adjournment At the conclusion of the final meeting of the commission, the commission was discharged by devotional leader Phil Esala with words of benediction. Daniel C. Lorenz, Secretary pro tem CCM Minutes July 17-25, 2013 Page 378