# LCMS Commission on Constitutional Matters Minutes_St. Louis Missouri_January 7 8 1983_S4
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

determined: Shall one or more model constitutions be submitted? Or a list of subjects that need to be
included in a constitution together with a few model paragraphs? Or a combination of both approaches?
142. The meeting adjourned with the Lord's Prayer and a blessing.
Herbert Mueller, Secretary

Opinion re Procedure for Appointment to Faculties
The Commission on Constitutional Matters has been asked for an interpretation of the requirement of
"approval in advance" and of "prior approval" (Bylaw 6.23,b) and has also received related questions. The
Commission concludes as follows:
The Commission is of the opinion 1) that the advance approval of the BPES ("approved in
advance by the Board for Professional Education Services") implies that the BPES has a veto
power at this point; however, the type of decision required at this point should not be construed to
involve an interview in depth to determine relative qualifications of the nominees; 2) that this
advance approval of the BPES should be regarded as an initial step separate from the later actions
regarding appointment; 3) that in the actual appointment procedure all electors ("of its electors")
shall be involved; and 4) that the prior approval of the electors for actual appointment need not be
unanimous but must have an affirmative vote of the majority of the four electors.
It should be noted that the BPES itself is not one of the electors.
THE COMMISSION ON CONSTITUTIONAL MATTERS
Herbert Mueller, Secretary

Minutes of the Meeting of the Commission on Constitutional Matters - April 29, 1983
143. John Klotz gave the opening prayer. All other members were also present: Carl Eberhard., chairman,
Kermit Brashear II, Herbert Mueller, Gene Schnelz. The minutes of January 7-8. 1983 were approved as
submitted.
144. Personnel: It was pointed out that Dr. John Klotz's term will expire at the end of December and that
he is not eligible under limited tenure to be reappointed. In view of the fact that the Secretary is also
struggling with the possibility of retiring at this convention, the Commission formally resolved that if he
should decide upon that move, he should still be invited to the December, 1983 meeting in order to effect
a proper transfer of responsibilities. His term would end on the last Sunday in September.
145. Calling of Special Convention (Ag. 1650) : The Minnesota South District has called a special
District convention by polling the pastoral and lay delegate of each congregation. Pastor E. F. Rehwaldt
of Minneapolis asked the Commission on Constitutional Matters to rule on whether or not this was the
proper procedure. The Commission adopted the following opinion:
Article XII, 15 of the Constitution states: "In cases of urgent necessity the District President is
empowered to convene special sessions of his District; he must, however, previously have
obtained consent of at least a majority of the voting members of the District after having informed
them and the President of the Synod of the purpose of the intended special session."