To Require Ratification of Commission on Constitutional Matters Opinions

WHEREAS, Bylaw 3.9.2 states the Commission on Constitutional Matters (CCM) exists to interpret the Constitution, Bylaws, and resolutions of the Synod and ensure that the governing instruments of the Synod and its agencies are in accord with the Constitution and Bylaws of the Synod; and

WHEREAS, The CCM is not required to present all of its opinions to members of Synod; and

WHEREAS, Bylaw 3.9.2.2 (c) states “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 with 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.”; and

WHEREAS, In the 2016 and 2019 Synod conventions, eleven overtures representing eight district conventions (including the Texas District Convention), twenty-five congregations, and two district boards of directors were adopted and submitted to specifically overrule a CCM opinion; and

WHEREAS, The 2016 and 2019 Synod conventions received no “specific report” in Convention Workbooks or Today’s Business, similar to all other convention reports in the form of a “statement of work performed or contemplated by those charged with conducting the business of the Synod” (Bylaw 3.1.6.1); and

WHEREAS, In the absence of such a report, neither were there any “recommendations for appropriate action” regarding the overruling of the CCM opinion; and

WHEREAS, The 2019 convention Floor Committee Two’s presentation on Resolution 2-07, which referenced these overtures, spoke to concerns “related to Bylaw 3.8.3,” (2019 Proceedings, 49, 125) but did not speak to the CCM opinion itself or the specific concerns raised in the overtures about how that opinion was contrary to the Synod Constitution or other Bylaws; and

WHEREAS, Such practice makes it possible for the opinions of the CCM to become binding without members of the Synod having the ability to speak to them, discuss and debate them, and if necessary, overrule them; therefore be it

Resolved, That a summary of all CCM opinions be made immediately available upon such an opinion being rendered in an official periodical, and the full opinion be made immediately available on the Synod website and be included in each Convention Workbook, all under CCM headings and with proper reference numbers; and be it further

Resolved, That Bylaw 3.9.2.2 (c) be amended as follows:

PRESENT/PROPOSED WORDING

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. …

(c) An opinion rendered by the commission shall not be considered binding on the members of Synod on the question decided beyond the next Synod convention unless and until it is overruled ratified by a convention of the Synod. Overtures to a convention that seek to overrule an opinion of the commission shall support the proposed action with 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. …

and be it finally

Resolved, That the Texas District in convention memorialize the Synod in convention with this resolution.