wfn.org | [LCMSNews] ‘Board Briefs VII’

["LCMS e-News" <LCMSENEWS@lcms.org>]

	 <http://www.lcms.org>
e-News
	LCMS News

	PLEASE DO NOT REPLY TO THIS E-MAIL MESSAGE! This message comes
from a "Send Only" Mailbox that does not recognize replies.

	March 30, 2004 .................... LCMSNews -- No. 33

	Board Briefs VII addresses
	making legal opinions public

	In its new Board Briefs VII, the Synods Board of Directors
explains why it has not made public two outside legal opinions it
commissioned last year and says it does intend to speak to letters from
attorneys who disagree with those opinions.

	Board Briefs is a question-and-answer online feature the Board
said it initiated earlier this year to communicate with the members of
the Synod regarding significant financial, legal, and property issues
being faced by the Board of behalf of our Synod.

	Last year, the Board commissioned and obtained legal opinions,
basically dealing with its authority under Missouri law, from the Bryan
Cave and Armstrong Teasdale law firms of St. Louis. The Board has not
made those opinions public, citing attorney-client privilege.

	In Board Briefs VII, titled Regarding Making Legal Opinions
Public, the Board notes that there has been a range of responses to its
actions.

	What is not good or helpful, it says, are the unfounded,
less-than-charitable assumptions and allegations made by a relatively
few. This constant barrage of vocal concern over secrecy and ulterior
motives makes it difficult to discuss openly and honestly the real
issues that need to be faced by our Synod. One very vocal concern
continues to be the reluctance of the Board to release the entire
content of the legal opinions received from the Bryan Cave and Armstrong
Teasdale law firms.

	The new Brief says that the Board in November considered a
resolution to waive attorney-client privilege and make the legal
opinions public. The Brief says that this motion was defeated
without a contrary vote.

	Every single member of the Board genuinely would like to make
the opinions public, the Board Brief continues. The interests of the
Board, of course, would be well served by doing so. However, every
single member of the Board also recognized that it would be potentially
harmful to the Synod (for reasons of potential legal liability and other
considerations...) to release the opinions, which is by far the more
important consideration.

	A question in the new Brief asks, But isnt there something
the Board can do to satisfy the interest of those in the Synod in
knowing what is in the documents?

	As part of its answer, the Board refers readers to the Web for a
report it issued in September promptly after receiving the Bryan Cave
opinion ... explaining what it has learned and what it plans to do about
it.

	To download that report, go to www.lcms.org/bod
<http://www.lcms.org/bod>  , click on Major Documents and then on
Report for Responding to Financial and Legal Matters.

	Interestingly, the Board says in the latest Brief, with all
of the clamor regarding the content of the legal opinion(s), there has
been little comment regarding the positive things the Board has learned
from the Bryan Cave opinion and the positive things that have resulted
for our Synod. The financial needs of missions and higher education are
receiving serious attention, steps are being taken to protect officers
and directors of the Synod from potential liability exposure (especially
district presidents), a significant contradiction in the Bylaws of the
Synod has been identified and is being addressed by the Commission on
Structure, and the role and responsibilities of the Board of Directors
in the Synod are becoming more clear.

	The final question in Board Briefs VII asks when the Board
will respond to the letters from three attorneys who disagree with the
Boards outside legal opinions. The attorneys are L. Martin Nussbaum of
Colorado Springs, Colo.; Michael K. Whitehead of Kansas City, Mo.; and
Carl H. Esbeck, Columbia, Mo.

	The Board says in the Brief that it decided in a March 4
conference call to ask the Bryan Cave law firm to advise it about the
validity of the attorneys position. It also appointed three of its
officers to ensure that the Board responds publicly to the letters
from the attorneys in the Board Briefs and by any other means
necessary and appropriate, informing the Synod of the letters and their
circumstances and significance.

	Board Briefs VII concludes as follows:

	The Board therefore, while it is not interested in an extended
public debate, does intend to speak publicly regarding the letters that
have been circulated. The Board is taking the necessary time to prepare
a definitive and comprehensive response.

	For Board Briefs, go to www.lcms.org/?3990
<http://www.lcms.org/?3990>  on the Web.

	****************************************

	If you have questions or comments about this LCMSNews release,
contact Joe Isenhower Jr. at joe.isenhower@lcms.org or (314) 996-1231,
or Paula Schlueter Ross at paula.ross@lcms.org or (314) 996-1230.

	****************************************

	  This Edition of "LCMS News" e-News is provided by:

	Board for Communication Services, Division of News and
Information
Contact Editor
<http://www.lcms.org/enews/contact_editor.asp?title=LCMS%20News&editorid
=6>

		To subscribe to or unsubscribe from this Newsletter and
many others, please visit LCMS e-News <http://www.lcms.org/enews> .
		Share this Newsletter
<http://www.lcms.org/enews/forward.asp?m=1773>	with a friend.

MessageId=1773 UserId=10073
  _____

Design ) Copyright 2003 The Lutheran Church--Missouri Synod.
<http://www.lcms.org>
No reproduction without consent. All rights reserved.