# LCMS Commission on Constitutional Matters Minutes_St. Louis Missouri_July 17 18 1987_S3
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

It is only when the district president fails to exercise any one of the three options within a specified period
of time that the complainant may appeal to the synodical President.
After carefully reviewing Bylaw 2.27 f, the Commission ruled that because of the phrasing of the options,
it was clear that a complainant could appeal to the synodical President whenever the district president
declined to commence an action to terminate a member following a complaint or if the President simply
took no action within a period of sixty days.
Recognizing that this could involve an inordinate amount of time on the part of the synodical President,
the Commission suggested that the bylaw be reviewed for possible amendment by the Commission on
Structure.
56. Endorsement (Ag. 1813) : Bylaw 2.15 h speaks of chaplains who are active members of the Synod as
those who are, "endorsed by the Synod, including endorsement by one of its districts." The Clergy Call
and Roster Committee had asked the Commission on Constitutional Matters to provide an interpretation
of the meaning of the word "endorsed" since references to all other active members include such words
as, "serving," "under a call," and "called or appointed."
The Commission stated as its opinion that the phrase in 2.15 h implies that the Synod and/or the district
has indicated approval of the chaplaincy which is being conducted. The person who is in this position
possesses his status by virtue of some action by the Synod or the district. Traditionally, this action
involves a call or official approval on the part of one or the other. Such call or official approval is also
necessary if the obligation of the worker to the Synod and the right to protection by the Synod are to be
maintained.
57. Eligibility to Appeal (Ag. 1814) : A former pastor of a congregation, now a member of that
congregation, had sought to appeal a decision of the District Commission on Adjudication. The District
Commission had asked whether he had the right to make such an appeal. The Secretary had provided a
personal response in which he indicated that since the pastor attempting to make the appeal was not a
party to the case, he did not have the right to appeal the decision of the Commission. The congregations
involved were parties to the case and the pastor had not brought charges to the Commission as an
individual member of the Synod nor joined in the bringing of those charges as an individual member. If
he were allowed to appeal the decision, it would mean that any member of the Synod anywhere, at any
time, could appeal the decision of a district or synodical Commission on Adjudication with which he
disagreed. The intention of the bylaws was obviously to limit appeals of decisions of Commissions on
Adjudication to parties involved in the case.
The Commission ratified the response of the Secretary
58. Eligibility for Election (Ag. 1815) : Dr. R. John Buuck, president of Concordia College Wisconsin,
had asked for an opinion regarding the eligibility of a man to serve on the Board of Regents for the
institution. This man had been elected in 1973 and had resigned his position in 1981 because of
increasing responsibilities elsewhere. In 1982, he was persuaded to allow his name to stand in nomination
at the South Wisconsin District Convention at which time he was again elected to the Board of Regents.
His present term expires in 1988. The question was asked as to whether or not the fact that he was not on
the board for approximately a year from June of 1981 to June of 1982 made it possible for him to be
elected at the 1988 South Wisconsin District Convention.
In response, the Commission agreed that on the basis of Bylaw 3.61 b, it appeared that the man would be
ineligible for election since the bylaw states that one-half or more of a term shall be regarded as a full
term under limited tenure rules. Adding up the number of years of service, it appears that the number of