# LCMS Convention Workbook_St. Louis Missouri_1973_S237
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

236 CONSTITUTIONAL MATTERS

4.123 Attendance at Official Conferences

Attendance at the official conferences shall be
obligatory for pastors and teachers serving in con-
gregations and parishes. Those whose office in the
Synod, District, or synodical institution imposes
professional or service requirements on which full
and regular conference attendance makes undue
demands, shall nevertheless, in consultation with
their supervisory boards, arrange for their own par-
tial or occasional attendance and participation in
their own official conferences.

4.123 Attendance at Official Conferences
eliminate, see proposed 4.111 b.

COMMISSION ON CONSTITUTIONAL MATTERS
Herbert Mueller, Secretary

reer

5-81
To Discourage Lawsuits

Wuereas, There is an unusual amount of tension within
the Synod as typified by the theological controversy with the
St. Louis seminary; and

Wuereas, Different congregations react differently, some
minimizing the problem and others seeking to influence mat-
ters through memorials such as this; and

Wuereas, Some congregations feel compelled to oppose
wrongs and to testify to the truth by separating from the
Synod; and

Wuereas, Such action normally finds within the parish
a minority opposing the separation, a situation which tempts
others to fish in troubled waters; and

Wuereas, Existing discord among brothers is deepened
when lawsuits are filed to prevent such disassociation; and

Wuereas, The Scriptures forbid airing our problems be-
fore the world (1 Cor.6), which is interpreted by the world
as a struggle over material advantage rather than a sincere
concern for the truth; therefore be it

Resolved, That where a clear-cut majority of a congre-
gation votes to withdraw, the principle interest of the Synod
or its agents shall be to respect the conscientious scruples of
the majority, to grant a peaceful dismissal, and to insure
that the interests of the minority receive fair Christian treat-
ment; and be it further

Resolved, That when doctrinal issues are alleged to be
the basis for the withdrawal of any congregation from the
Synod, neither the Synod nor its agents shall become party
to any litigation seeking to prevent such separation or to
punish those advocating it, lest we retain in our fellowship
those who reckon it to be a legal obligation rather than a
privilege and a joy in Christ.

Hore LUTHERAN CHURCH
San Leandro, Calif.
Caroline Uhlig, Secretary

5-82A

To Restructure Commission
on Constitutional Matters

Wuereas, The Commission on Constitutional Matters is
empowered by Synod’s Handbook 2.107e to “interpret the
Synod’s Constitution, Bylaws, and resolutions upon the re-
quest of a member (congregation, clergyman, or teacher),
official, board, commission, or agency of the Synod. An opin-
ion rendered by the commission shall be binding on the
question decided unless and until it is overruled by a syn-
odical convention”; and

Wuereas, The ultimate function of the commission in this
area is to serve as the “judiciary” of the Synod; and

WHEREAS, Such a system of interpreting the Constitution,
Bylaws, and resolutions is necessary and should be accepted
by all; and

Wuereas, Paragraph 2.107 a provides that this commission
shall be appointed by the President of the Synod in consul-
tation with the Vice-Presidents; and

WHEREAS, This method of selecting this commission, which

can and has ruled on the decisions of the executive branch
of the Synod, could be understood by some to be a conflict
of interest; and

Whereas, The personnel of the committee does not pro-
vide for representation from a large section of Synod's mem-
bership — the teachers — and also the present personnel of
the committee consists of the Secretary of Synod, who is
now a full-time official: therefore be it

Resolved, That the following changes be adopted by the
Synod and incorporated into the Handbook of the Synod as
a substitute for paragraph 2.107 a:

a. The Commission on Constitutional Matters
shall consist of seven members: three pastors, three
laymen (one being an attorney), and one teacher,
all who are members of a voting congregation of the
Synod. They shall not serve in any elected or ap-
pointed office or position of the District or Synod,
nor shall they serve if they are salaried in any ca-
pacity by the Synod or its Districts. The Secretary
of the Synod shall serve as an advisory member of
the Commission and be its executive officer without
a vote.

The Commission on Constitutional Matters shall
be elected by the Council of Presidents. The Coun-
cil of Presidents shall appoint a nominating com-
mittee consisting of the President of the Synod, one
Vice-President, and three District Presidents, who
shall present their nominations to the Council of
Presidents for acceptance, change, and or additions.
A majority vote of the council shall be required for
election.

The Commission shall be elected for a four-year
term on a staggered basis. i.e., the initial election
shall be two pastors, one layman, and one teacher
for a four-year term: one pastor and two laymen
for a two-year term. Vacancies in the commission
shall be filled by the Council of Presidents using
the same procedure as outlined above. The term
limit of three successive four-year terms shall

apply. Boarp oF Directors
Texas DIstRicT
Dr. Carl A. Heckmann, President
Rev. E. F, Bauerkemper, Secretary
Similar:

5-82B

Colorado District Board of Directors, Ralph A. Phipps,
Secretary.

3-83A

To Elect Commission
on Constitutional Matters

Wuereas, The Commission on Constitutional Matters un-
der current Handbook provisions is appointed by the Presi-
dent of the Synod; and

Wuereas, The power to appoint can result in control; and

Wuereas, The Commission on Constitutional Matters has
rendered opinions on the actions of the President; therefore
be it