LCMS Convention Workbook St. Louis, Missouri — 1981, Sheet 231

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5. CONSTITUTIONAL MATTERS

5-01

Report of the Commission
on Constitutional Matters

I. Organizaton

The Commission on Constitutional Matters by provision of
the Bylaws consists of two lay persons and two clergymen,
appointed by the President and the Vice-Presidents, and the
Secretary of the Synod, who is elected by the synodical
convention. The President is also empowered to appoint one
Vice-President as an advisory member.

The terms of office of the commission begin on Jan. 1
following each synodical convention. Circuit Judge Gene
Schnelz of Walled Lake, Mich., was appointed to an eight-year
term, beginning Jan. 1, 1980, to replace Attorney Herbert H.
Freise of Walla Walla, Wash., who was no longer permitted to
serve, under the limited tenure role. The Rev. Carl Eberhard of
Louisville, Ky., was reappointed at the same time to a six-year
term to provide for the staggering of terms required by recent
convention action. Continuing members of the commission are
Attorney Donald Prevallet of Blytheville, Ark., Dr. John Klotz
of St. Louis, and the synodical Secretary, Herbert Mueller.
Vice-President Edwin Weber was appointed as an advisory
member.

At the beginning of the biennium the commission elected
Attorney Donald Prevallet as chairman and Dr. Carl Eberhard
as vice-chairman. The synodical Secretary serves as secretary
of the commission.

The commission met approximately once every quarter
during the biennium.

Budgets of $7,900 and $8,900 were approved for two
successive fiscal years. The financial investment which the
Synod makes in the work of the commission is, in other words,
small compared with the services it renders.

II. Actions

The commission was on hand during the floor committee
meetings over the Memorial Day weekend and also immedi-
ately prior to the convention of the Synod in July 1979. It
rendered assistance to the floor committees and to the con-
vention itself in the following areas among others:

—on the exposure of materials for the new proposed hymnal;

~—on Bylaw provisions for representation from the mission
areas;

—on the Bylaws governing recognition of altar and pulpit
fellowship;

—on the question of emeriti pastors being nominated for
various offices;

—on the eligibility of Herman Otten for the new colloquy
procedures adopted at Anaheim.

* * *

After the 1979 convention the commission carried out its
Bylaw responsibility to update the synodical Handbook. We
call attention especially to the following convention actions
that resulted in Handbook revisions.

The 1979 synodical convention approved by the required
two-thirds majority vote two proposed amendments to the
Constitution of the Synod: a new Article III elaborating on the
objectives of the Synod, and a slight revision of Article XI
defining more precisely the duties of the Treasurer. Under the
constitutional provisions for amendments the earliest date on
which these amendments could become effective, after
approval by the member congregations of the Synod in the
manner prescribed in Article XIV, was Jan. 23, 1980. The
proposed revisions were duly approved by congregations by
the required two-thirds vote.

The convention of the Synod also adopted new Bylaws for
several sections. It defined more precisely representation at the
conventions from our mission areas (1.61 d), adopted “‘partner
church” terminology for “sister church” (2.27 h, 16.03),
arranged for vice-presidential vacancies to be filled by election

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at the next convention (2.38), approved the creation and
incorporation of a separate Church Extension Fund (8.51 ff.,
2.87 c), included directors of Christian education in the colloquy
procedures for admission to the teaching ministry (4.84), and
amended several Bylaws as a result of granting the Brazil
District partner church status (4.71a, 4.87, 6.82h).

The convention also amended the Bylaws regarding initial
appointment to faculties (6.53b) and permanent tenure (6.54),
changed somewhat the membership Bylaws regarding the
Board of Youth Ministry (7.71), adopted Bylaws for a Com-
mission on Black Ministry (8.81), revised the procedures for the
development of budgets and work programs (9.01 ff.), updated
the Bylaws for Social Ministry (13.02), adopted detailed pro-
visions for the transfer of records to the Archives (15.51), and
approved expanded Bylaws regarding synodically recognized
auxiliaries and a new category, listed service organization
(17.01, 17.03).

* * *

While the commission did not hold any joint meeting with
Task Force IJ, it maintained contact through its secretary, who
served as chairman of the Task Force.

The commission reviewed, evaluated, and made suggestions
for changes in the following District Bylaws and/or Articles of
Incorporation: Northwest, Manitoba-Saskatchewan, Southern
Illinois, Nebraska, Alberta-British Columbia, Michigan, New
England, and Northern Illinois. The commission has tem-
porarily withheld approval of certain District Bylaw revisions
(Kansas, Southern, Colorado, North Dakota), until suggestions
have been accommodated.

The commission held that although the Board for Colloquies
could delegate certain responsibilities, the final decisions
themselves would need to be made by the members of the board
and could not be delegated away.

It reviewed and revised some detailed procedures in one
District for the approval of congregational constitutions.

It attempted to be of assistance in several instances regard-
ing constitutional issues faced by pan-Lutheran high school
and day school associations.

The commission was confronted once again with questions
regarding faculty tenure.

It was asked for opinions regarding the District membership
question of Immanuel Lutheran Church of Charleston, III.

The commission held that the delegates themselves in
adopting Resolution 3-01 in 1979 had agreed that sufficient
exposure of hymnal materials had been given in various ways.

It was confronted with the question of whether a Missouri
Synod pastor could conduct the service of a United Church of
Christ congregation.

The commisison was asked to rule on several specific
instances involving seminary students and their service.

It was also confronted with the question of an LCA pastor
performing a baptism in an LCMS worship service.

The commission concluded in the case of sunbelt visitors
that the pastoral responsibilities of the congregation should be
focused in one congregation, instead of resorting to an
associate-member device, and that the difficulty could very
readily be solved by using the traditional guest Communion
privilege for visitors.

The commission ratified a statement which the Secretary
was asked to file in a court case regarding the Synod’s polity.

It was called upon once again to react to various issues
connected with the Colorado District campus ministry.

The commission assisted the Central Illinois District in
defining the words “teacher” and “pastor” for board mem-
bership purposes.

The commission approved once again the detailed guide-
lines for electing synodical convention delegates.

A difficult question arose as to whether an individual who
was a pastoral colloquy student could continue to serve on a
District Board of Directors as a representative of the teachers.

Several questions were raised regarding the call and status
of male and female teachers.

The commisson issued an opinion that when a vacancy