# LCMS Commission on Constitutional Matters Minutes_St. Louis Missouri_September 19 20 1975_S3 # Machine transcription, uncorrected — CHI Digital Archive (demonstration) budget setting agency, the Commission rules that new Bylaw 9.01 f, which is in conflict with old Bylaw 9.15 a, is to take precedence over 9.15 a. This intent is clear from both the preamble of the resolution and from the resolution itself. However, the Commission at the same time stressed the necessity of the ad hoc committee referred to in Resolution 4-06 to propose a rewrite of Bylaw 9.15 to the next convention in order to eliminate the conflict and to detail more precisely in bylaw form the remaining duties and functions of the Fiscal Review Commission. This proposal should appear in the Workbook for the next convention. The Commission concluded that it was not necessary to refer to this fact in the foreword to the Handbook. 473. Handbook Foreword (Ag. 864B): The Commission approved the draft of the Foreword which the secretary had submitted prior to the meeting. 474. Luessenhop: The secretary reported in detail on the sudden death and the funeral of the former chairman of the Commission, Pastor Elmer Luessenhop. He had a heart attack while playing tennis on Wednesday, September 10. The funeral was conducted on the following Saturday with the secretary representing the Synod and also the Commission. It was resolved to have the secretary now formally send a letter of greetings and condolence in the name of the Commission to the widow and daughters. 475. Procedure in Gehrke Case (Ag. 852): President E.H. Happel had asked what procedures are to be followed with respect to the charges which had been brought by Pastor Walter Otten against Professor Ralph Gehrke, which were in the process of consideration by the Board of Control, now that Professor Gehrke has accepted a teaching position at Pacific Lutheran University. After considerable discussion the Commission ruled as follows: 1. Professor Ralph Gehrke is no longer under the supervision of the Board of Control. 2. However, he still remains under the ecclesiastical supervision of the president of that District in which the alleged offense took place. 3. If the complainant requests that District president to pursue the matter further, then the evidence gathered by the Board of Control or submitted to it is to be transferred to the District presidents' office to be considered in connection with the said charge. 4. However, all this does not preclude the District president from acting also on his own initiative. 476. California-Nevada "Convocation" (Ag. 860): Pastor William Grunow of San Leandro, California had raised several questions and objections regarding the calling of a "special convocation" of the California-Nevada District. In answer the Commission adopted the following ruling: 1. No resolutions passed at a "special convocation" have any official status or need to be recognized by the congregations of the District; neither can they serve as overtures to a convention of the Synod. 2. If more than simple discussion is to be involved in such a "convocation," then the procedure set forth in the Constitution (Article XII, 15) for calling a special convention must be observed. 3. Even in the case of a session of the District held pursuant to a constitutional convocation it is to be remembered that even though Districts in convention have the right to memorialize the Synod, they are bound to carry out the resolutions of the Synod until these are amended or