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	LCMSNews -- No. 152
	December 30, 2004

	CCM reaffirms opinions
	on ecclesiastical supervision

	By David L. Mahsman

	The Synods Commission on Constitutional Matters (CCM) Dec. 13
reaffirmed three earlier opinions that the Synod may not expel a member
who, in the performance of official duties, follows the advice and
counsel of his or her ecclesiastical supervisor.

	The three opinions are among eight that the Synods Board of
Directors in November declared to be of no effect. A number of
district conventions last year also raised questions about the opinions.

	The CCM said it took another look in response to requests from
two pastors and a congregational voters assembly, as well as to other
input it received on the matter.

	The CCM had said that a member of the Synod had the right to
rely on the advice and counsel of his/her ecclesiastical supervisor in
taking official actions without fear of being expelled from the Synod.

	In its November action, the Board of Directors said that were a
member exempted from termination of Synod membership on such grounds but
had committed gross, grievous crimes or other wrong-doing, the result
could be significant legal liability.

	The CCM responded to such concerns by saying that its opinion
specifically references official duty and action, not personal
offensive conduct. It said that personal offensive conduct or conduct
that is illegal or criminal can certainly not be included in the context
of the quoted prior opinion.

	The pastors who asked the CCM to reconsider its opinions
suggested that the opinions place the counsel of an ecclesiastical
supervisor ahead of Scripture. Should not the Scriptures supercede any
interpretation of the Bylaws? one asked.

	The commission said that the Synod expresses its collective
understanding (and interpretation) of the Scriptures and the Lutheran
Confessions through its doctrinal resolutions and statements in
convention  and also expresses its collective will through its
Constitution, Bylaws and other resolutions. It said that if the
Constitution, Bylaws or resolutions contradict or exceed the boundaries
of Scripture, it is incumbent upon the Synod in convention to amend or
repeal such.

	The CCM noted that the Bylaws charge it with the duty to
interpret the Synods Constitution, Bylaws, and resolutions. It does
not interpret the Scriptures. 

	The Synod has reserved unto itself the right to determine
whether a decision of the commission is valid or in error or if it
contradicts the Synods Constitution and Bylaws, the CCM continued.
Bylaw 3.905d provides that an opinion rendered by the commission shall
be binding
	on the question decided unless and until it is overruled by a
synodical convention.

	In other business at its Dec. 13 meeting, the CCM said that
there currently is no bylaw that explicitly approves, forbids or
addresses the timing of Board of Directors appointments to various
boards and commissions. A pastor had asked whether a Board of Directors
elected for one triennium may make appointments to boards and
commissions that will not take office until after new directors are
elected by a Synod convention.

	In recent years, the Board has made appointments at its May
meeting just before a Synod convention, but the appointees would not
take office until September  after the convention.

	It is reasonable to advocate that no appointments should be
made for a new triennium by an outgoing Board of Directors prior to
those positions becoming vacant at the end of the triennium, the CCM
said. It added, though, that it would be difficult for a new Board of
Directors to make informed appointments upon taking office Sept. 1 and
expecting its appointees to take office that same day. The Bylaws state
that all those elected or appointed shall be inducted on or after Sept.
1 following the convention.

	The CCM recommended that this matter be referred to the
Commission on Structure for the development of a convention action that
will resolve this question.

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

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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.

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