Official Handbook Source Text
Handbook page 147
Source: LCMS Handbook 2023, page 147.
This page reproduces text from the 2023 LCMS Handbook for study and navigation. Readers should verify procedural, legal, parliamentary, or governance questions against the official LCMS Handbook and appropriate LCMS authorities.
(c) Thereafter, the appointments shall become effective upon ratification by a majority vote of the members of the Council of Presidents.
(d) Vacancies in appointed positions shall be filled by following the procedure set forth above.
3.9.2.2 The Commission on Constitutional Matters shall interpret the Synod ’s
Constitution, Bylaws, and resolutions upon the written request of a member (congregation, ordained or commissioned minister), official, board, commission, panel, or agency of the Synod.
(a) A request for an opinion may be accompanied by a request for an appearance before the commission.
(b) The commission shall notify an officer or agency of the Synod if a request for an opinion involves an activity of that officer or agency and shall allow that officer or agency to submit in writing information regarding the matter(s) at issue.
(c) An opinion rendered by the commission shall be binding on the question decided unless and until it is overruled by a convention of the Synod. Overtures to a convention that seek to overrule an opinion of the commission shall support the proposed action wit h substantive rationale from the Constitution, Bylaws, and resolutions of the Synod.
All such overtures shall be considered by the floor committee to which they have been assigned and shall be included in a specific report to the convention with recommendations for appropriate action.
When an opinion pertains to business, legal, or property matters and the Board of Directors of the Synod concludes that such opinion of the commission is contrary to the laws of the State of Missouri, the board and the commission, or their respective repre sentatives, shall meet jointly to discuss the issue(s) and seek resolution thereof. If agreement cannot be reached on whether the matter is governed by the laws of the state of Missouri, that question shall be presented to a five -member panel consisting of three hearing facilitators (Bylaw 1.10.12) chosen by blind draw by the Executive Director of Internal Audit of the Synod from the pool of hearing facilitators; one person appointed by the Commission on Constitutional Matters; and one person appointed by the Board of Directors. At least one of the hearing facilitators shall be an attorney, and the appointees of the commission and board shall not be members of the groups that appointed them. The decision of the panel in support of the Commission on Constitut ional Matters or the Board of Directors shall be binding on the issue(s) unless and until it is overruled by a convention of the Synod.
3.9.2.2.1 The Commission on Constitutional Matters shall 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 and language with the Constitution and Bylaws of the Synod.
3.9.2.2.2 The Commission on Constitutional Matters shall be represented at the
meetings of national convention floor committees considering constitution and bylaw matters to ensure that they are in accord with the Constitution, Bylaws, and resolutions of the Synod.
