Letter by David L. Mahsman who was head of the Board of for Communication Services who objects to interference in its business by the BOD. More lackeys to the Office of the President.
"The Synod's Board of Directors has taken issue with eight opinions renderedby the Commission on Constitutional Matters (CCM) and declared them to be"of no effect." Five of the opinions define limits to the Board's authority; three deal with"ecclesiastical supervision." The Board Nov. 21 said that "for the sake ofthe Synod and its best interests," it "cannot agree with or accept" theopinions, rendered between June 2002 and September 2003. In two separate but similar resolutions, the Board said that the eightopinions "exceed the service function of the CCM provided in Bylaw 3.905d."That bylaw says the CCM shall "interpret the Synod's Constitution, Bylaws,and resolutions." The same bylaw also states that "an opinion rendered by the commission shallbe binding on the question decided unless and until it is overruled by asynodical convention." Synod President Gerald Kieschnick took note of that provision in a Nov. 25statement to "Reporter," the Synod's newspaper. He also emphasized theexception in a bylaw that gives the Board authority, in business and legalmatters, "to call up for review, criticism, modification, or revocation anyaction or policy of a program board, commission, or council, except opinionsof the Commission on Constitutional Matters." "According to the Bylaws of the LCMS, opinions of the Commission onConstitutional Matters must be followed in the Synod," Kieschnick said. He noted that the Synod's Constitution gives the president the duty to seethat officers, including the Board of Directors, act in accord with theConstitution, "to admonish all who in any way depart from it, and, if suchadmonition is not heeded, to report such cases to the Synod." "Accordingly, I will be working with the Board of Directors and theCommission on Constitutional Matters in an effort to resolve the apparentconflict between these two important groups of synodical leaders,"Kieschnick said. "I respectfully request the prayers of the Synod in thismatter and pledge to keep the Synod informed regarding this endeavor." Dr. Thomas Kuchta told "Reporter" that the Board had to take the action itdid -- despite the cited bylaw provisions -- to protect congregations fromindividual legal liability. Kuchta is the Synod's interim chiefadministrative officer, as well as its vice president- finance/treasurer. "If the Board of Directors does not protect the Synod's status as acorporation under Missouri law, its members -- chiefly congregations -- would be open to individual liability were the Synod or any part of it to besued in court," Kuchta said. "And to protect its corporate status, the Boardhas to act as a corporate board is expected to act under Missouri law. "If the Board had done nothing about these CCM opinions, which purport tolimit the Board's authority in a way that is not consistent with Missourilaw, the Board could weaken the contention that we are operating as acorporation," Kuchta continued. Kuchta cited Bylaw 3.183, which says the Board "shall have the powers andduties accorded to it by the Articles of Incorporation, Constitution,Bylaws, and resolutions of the Synod, and the laws of the State ofMissouri." Missouri law, he said, "clearly gives the Board authority tooverrule any decisions that deal with secular issues." "The Board's overall goal is to protect the corporate shield so that theSynod's congregations aren't exposed to liability that would put theirindividual assets at risk," Kuchta said. He said his comments apply specifically to the Board resolution that dealswith the five opinions regarding board authority, but he added that thesecond resolution, on the three "ecclesiastical supervision" opinions, alsohas liability as its concern. Those three opinions say that Synod membership cannot be terminated for anaction taken with the knowledge and approval of a member's ecclesiasticalsupervisor. If a member is exempted on such grounds for "gross, grievouscrimes or other wrongdoing," the result could be "significant legalliability," the Board says. The other five opinions regard the Board's authority to direct how funds areallocated by the Board for Higher Education/Concordia University System; todirect the use of budgeted funds by the Board for Communication Services(BCS); to restrict the use of donor-designated funds by the Synod president;to reverse a Synod convention's delegation of authority to the BCS forSynod-owned radio station KFUO; and to otherwise direct the programs of theBCS, including "Reporter." The BCS at its Nov. 20-21 meeting, which ran concurrently with thedirectors' meeting, "thoroughly discussed" KFUO and the CCM opinion thatsaid the Board of Directors may not reverse a Synod convention's delegationof authority, said BCS Executive Director Tom Lapacka. The directors votedearlier this year to assume direct control of KFUO from the BCS, which hadbeen given responsibility for the station by the 1986 convention. "There are several issues that play a role in making KFUO a more effectivemedium for outreach. None of these are easy," Lapacka said. He said the BCSdeferred any action based on the CCM opinion until next month. Neither of the two Board of Directors resolutions was adopted unanimously.On the second of the two, four directors asked that their negative votes berecorded. The four are Dr. Betty Duda, Dr. Jean Garton, Oscar Hanson and Dr.Edwin A. Trapp Jr. Synod Secretary Raymond Hartwig told the Board that he did not participatein the decision on the two resolutions because he is a member of the CCM aswell as of the Board of Directors. The resolutions were adopted during an evening session that had not beenscheduled in advance of the Board's meeting, but that was held at the sametime as a Lutheran Church Extension Fund (LCEF) awards program. NeitherKieschnick nor First Vice President Daniel Preus were present at the Board'sevening session. The Board's meeting was in Miami, Fla., site of this year's LCEF FallLeadership Conference.
Unbelievable!
