# LCMS Convention Proceedings_St. Louis Missouri_1992_S197 # Machine transcription, uncorrected — CHI Digital Archive (demonstration) 19%. LATE REPORTS AND OVERTURES sponsibilities under Art. XI of the Constitution and applicable Bylaws, including Bylaw 1.07 b and have re- fused to comply with and enforce the final and binding decisions of the COA and have further refused to carry out their responsibilities of ensuring that other members of the Synod, including the majority of the BOR, comply with the Constitution and Bylaws of the Synod; and Wuereas, Bylaw 3.73 provides, in part, “All officers, boards, and commissions shall be accountable to the Synod for all their actions .. .”; and Wuereas, The refusal of Dr. Bohlmann and Dr. Men- nicke to comply with the Constitution and Bylaws of the LCMS and to honor and obey the final and binding deci- sions of the COA has caused and continues to cause di- vision, distrust, dishonor, and conflict and great damage to CTS and the LCMS; and Wuereas, Dr. BohImann and Dr. Mennicke cannot ef- fectively or properly carry out their duties and Tresponsi- bilities, and the welfare and unity of the LCMS cannot be maintained if Dr. Bohlmann and Dr. Mennicke remain in office but refuse to comply with-the Constitution and By- laws of the LCMS; and Wuereas, Art. XI, A, 2 of the Constitution of the LCMS provides, “The Synod at all times has the right to call its ’ officers to account and, if circumstances require it, to re- move them from office in accordance with Christian pro- cedure”; therefore be it : Resolved, That the convention condemn the action of Dr. Bohlmann and Dr. Mennicke refusing to honor or obey the final and binding decisions of the COA and thus openly and publicly violating the Constitution and Bylaws of the LCMS and refusing to carry out their duties of ensuring that all other members of the Synod comply with the Con- stitution and Bylaws and admonishing those that do not; and be it further Resolved, That Dr. Bohlmann and Dr. Mennicke be re- moved from office, effective immediately; and be it finally Resolved, That the Second Vice-President of the Synod advance to the position of President of the Synod until the expiration of his term of office and the Third Vice-President of the Synod advance to the position of First Vice-President of the Synod until the expiration of his term of office, pur- suant to Art. XI, C of the Constitution. Our Savior’s Lutheran Church Crookston, MN Jerome Wendorff, Chairman . Daniel Weber, Secretary Identical or similar: L8-46B and C ‘ Christ, Mason City, IL David Bergman, Chairman Pilgrim, Decatur, IL Phil Beach, Chairman L8-47A To Remove from Office Members of Fort Wayne Board of Regents for Violating Their Oath of Office Wuereas, The Board of Regents (BOR) of Concordia Theological Seminary—Fort Wayne (CTS) adopted a res- olution by majority vote on July 27, 1989 forcibly retiring the Rev. Dr. Robert D. Preus from his position as president of CTS; and Wuereas, Dr. Preus challenged this decision of the ma- jority members of the BOR by presenting the matter to the synodical adjudicatory bodies; and ‘ Wuereas, The synodical Commission on Appeals (COA), pursuant to its authority under Art. VIII of the Bylaws, concluded that “the BOR majority had sinned against Dr. Preus and had taken from Dr. Preus his good name, his honor, and his position by show of right, all in violation of the Eighth and Ninth Commandments” and that Dr. Preus was not properly retired as president of CTS, and that if Dr. Preus is reinstated to membership in good standing on the clergy roster of the LCMS, he is to be restored at that time to the office and duties of president of CTS; and Whereas, Bylaw 8.69 provides, “All final decisions of the Commission on Appeals of the Synod and all unap- pealed decisions of a Commission on Adjudication shall be binding upon all parties to the case and not subject to review, reversal, amendment, or modification, any provi- sion to the contrary in the Bylaws notwithstanding”; and Wuereas, The decision of the COA concluding that Dr. ‘Preus was not properly removed as president of CTS and that Dr. Preus shall be-restored to his position and duties as president of CTS upon being restored to good standing in the clergy roster of the LCMS is a final and binding decision pursuant to Bylaw 8.69; and Wuenreas, A majority of the BOR including members Orvil Roetman, Stuart Tietz, Melvin W. Bredemeier, Wil- liam F. McNally, and August Mennicke, has adopted a resolution stating that it will not “honor or obey the ruling of the synodical Commission on Appeals purporting to rein- state Dr. Preus”; and Wuereas, The refusal of the Majority of the BOR to “honor or obey” the final and binding decisions of the COA is in violation of the Bylaws ofthe LCMS, including Bylaws 8.07, 8.69, and 8.75, as well as the objectives of the Synod as expressed in Art. III of the Constitution; and Wuereas, Bylaw 1.05 d provides, in part, “individual members, commit themselves as members of the Synod to act in accordance with the synodical Constitution and By- laws under which they have agreed to live and work to- gether and which the congregations alone have the authority to adopt or amend through conventions”; and Wuereas, Bylaw 2.39 a provides, “The Constitution, By- laws, and all other rules and regulations of the Synod shall apply to all congregational and individual members of the Synod. The Synod expects [all members} to honor its rules and regulations”; and Wuereas, Bylaw 2.39 ¢ provides, in part, “While re-