# LCMS Convention Workbook_St. Louis Missouri_1973_S203 # Machine transcription, uncorrected — CHI Digital Archive (demonstration) NN ANS’ ’ T”a EEE 202 CONSTITUTIONAL MATTERS Dr. Oliver Harms and Dr. J. A. O. Preus. The commission came to the conclusion that practically all who had sub- mitted studies were agreed that the synodical President did indeed have extensive authority, that in all probability such authority needed to reside in that office, and that the man- ner and extent to which this authority is exercised depends to a great extent upon the personality and administrative philosophy of the incumbent and upon the urgency and importance of the situation confronting the incumbent. There seemed to be little interest in making any revisions in the basic governmental philosophy of the synodical orga- nization although Suggestions were offered by some that certain Bylaws could either be eliminated, clarified, or added to remove some of the Practical difficulties which some feel have existed in certain areas. The commission gave a formal reply to a request for an opinion on presidential authority from the New York and New Jersey pastoral conferences. This opinion is being attached to this report as a separate exhibit for information purposes. The New England Pastoral Conference requested the The Milwaukee convention had adopted a recommenda- tion of the ad hoc Committee on Organization whereby ad- visory members of the Synod would not have two routes available to become delegates or representatives to the con- vention. While the commission agreed with this basic con- cept, it ruled that the language adopted in revising the By- law in Milwaukee was not sufficiently clear to permit this principle to be applied at this time. The commission there- fore advised the ad hoc committee to resubmit its recom- mendations to the New Orleans convention with more pre- cise Handbook language. The commission reviewed the new Bylaws which the Armed Forces Commission is presenting to the New Orleans convention for adoption. It requested the Commission on Theology and Church Relations to give study to the growing problem involving joint participation with other church bodies. The commis- sion is of the opinion that the Synod has not yet adequately defined its relationship toward other church bodies and that the Synod also needs to define some of the theological terms in the Constitution of the Synod. These concerns arise espe- cially in connection with various requests for constitutional opinions on joint campus ministries, on the San Francisco night ministry, and on the question of selective fellowship. IW. Opinions and Interpretations During the course of a 2-year period, many opinions and rulings are given. We are attaching the Opinion on Presi- dential Authority and possibly others which might be of more general importance. In addition to these and to the items referred to in Sec- tion II above, opinions or interpretations were also given on the following matters since the report to the Milwaukee convention was prepared: On meeting deadlines for electing convention delegates On the fact that congregations need not submit all internal Bylaw changes for ratification by the District committee On the rights of advisory members On Denver Resolution 12-18 (loans to high schools) On a layman's right of appeal On women serving as congregational chairmen On the question of holding communicant membership in two congregations On the procedure for filling the Vice-Presidential vacancies On the right of a erm to bring a charge On the route of a charge against a District official On the right of Districts to adopt their own provisions for length of term of executives On the regulations governing ordination On the chairmanship of the Council of Administrators On the implementation of the tenure and termination Bylaw On the absence of any provision for absentee ballots On interim arrangements for Commission of Adjudication On the authority to define “leave of absence” and “sabbati- cal On the voting rights of a congregation served on the side by another pastor On the permissibility of Board of Appeal members to serve on ad hoc committees On the identity of legal representatives of a District On the necessity to enable representatives of both congre- gations in a dual parish to participate in the election of convention delegates On the question of whether the employment of Rickman Associates constituted a violation of Bylaw 2.13 On the question of who decides disqualification in an ap- peals case On the status of contract teachers in a discontinued synod- ical high school On the question of Canadian Districts establishing fellow- ship with other Lutherans in Canada On the question of whether the LCA or LCUSA has veto power over Missouri Synod congregations On the inadmissibility of voting by proxy for convention delegates On the ineligibility of teachers to serve as lay delegates On the fact that District nominating committees are not bound by limited tenure regulations prescribed for syn- odical boards and commissions On the right of women to vote on all issues On the proper procedures leading to the removal of faculty members On the application of limited tenure to board of control members On the inability of a congregation to hold membership in three Synods at one time On the requirements that might be expected of candidates for the position of convention delegate On the question of who decides a request for reinstatement to the clergy roster On the length of terms of those appointed to the Board for Higher Education following the Milwaukee convention On the division of the Atlantic District On the right to engage an auditing firm to tabulate nomina- tions for President and First Vice-President On the inadmissibility of temporary circuit alignments for the purpose of electing convention delegates On the ineligibility of an interim Pastor to serve as a voting delegate to a District convention On the proper court to hear a charge of heresy On the right to bring a charge of false doctrine On the impropriety of requiring more than subscription to the confessional basis set forth in Article II in the calling of a pastor On the rights of a congregation over against a suspended pastor On the right of college electors to ask for a new slate of candidates On the ineligibility of synodical and LCUSA staff persons to serve as candidates for corresponding boards and commissions in the Synod On the rights of a suspended pastor On the question of who decides what constitutes persis- tence in offensive conduct On the failure to elect advisory delegates On the eligibility of women teachers for synodical office On the disposition of property in case of a congregation’s dissolution On the advisability of incorporating a synodical membership article in a congregational constitution On the practice of having unalterable articles in constitu- tions On the call procedure for a congregation with a board of directors type of polity On the eligibility of a synodical staff member to serve on a so-called subcommittee of the Commission on Church Literature On the right of a board to conduct executive sessions and the extent of exclusion under the rubric of executive session On the question of whether nonvoting members may hold office in a congregation On the insufficiency of the convention resolution establish- ing a chair of theology at the Saskatoon seminary