LCMS Convention Workbook St. Louis, Missouri — 1983, Page 185

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5. STRUCTURE AND CONSTITUTION

5-01

Report of Commission
on Constitutional Matters

I. Organization

By provision of the Bylaws the Commission on Con-
stitutional Matters consists of two laypersons and two clergy-
men (appointed by the President in consultation with the Vice-
Presidents) and the Secretary of the Synod, who is elected by
the synodical convention.

Under the new Bylaw provisions members serve six-vear
terms, renewable once. Terms begin Jan. 1 following each
synodical convention. In order to make the necessary adjust-
ments and provide for staggering of terms. the term of Judge
Gene Schnelz was shortened by one year and the new incum-
bent for the other lay position was given a two-year term.

It was necessary to make only one appointment during the
past biennium: Attorney Kermit Brashear II was appointed to
a two-year term to succeed Attorney Donald Prevallet, who was
ineligible for reappointment under the limited tenure rule.

Dr. Carl Eberhard of Louisville. Ky., was elected chairman
in 1982, and Dr. John Klotz of St. Louis vice-chairman. The
synodical Secretary, Herbert Mueller, serves by Handbook
provision as secretary of the commission. The other two
members of the commission at the present time are Judge Gene
Schnelz of Walled Lake, Mich.. and Attorney Kermit Brashear
II of Omaha, Nebr.

The commission met approximately once every quarter
during the biennium.

II. Actions

Once again the commission was available during the floor
committee meetings over the Memorial Day weekend and also
immediately prior to the convention of the Synod in July 1981.
It was available for consultation and had opportunity to react
especially in the following matters:

Eligibility of Seminary Student for CTCR

Election of Former Appointed Member to a Commission

Election of Incumbent Whose Term Has Not Expired

Effective Date of Constitutional Amendments

Two-thirds Vote Required for Res. 2-01, Res. 2-02, and Res.
2-19

Impropriety of Considering Proposed Res. 2-28

The CCM also ruled on the process of filling last-minute
vacancies in the slate for President and First Vice-President.

* * * *

The 1981 convention adopted an almost entirely new
Handbook, which had been prepared initially by Task Force II
and revised by the convention.

Following the convention the commission carried out its
Bylaw responsibility to harmonize the various actions taken
by the convention and to issue the new edition of the Handbook.

Several constitutional amendments were adopted by the
convention and were subsequently ratified by the congre
gations. Involved were Article VIII and Article XII, providing
for a triennial convention cycle forthe Synod and its Districts,
and Article XI as a result of a minor restructuring of the Board
of Directors. Necessary changes in the Articles of Incorpo-
ration flowed from these affirmative actions. (See 1981
Handbook, pp. 213 and 214.)

Among major changes effected in the reorganization was
the establishment of five program boards, two support services
boards, ten commissions, six ‘“‘other synodical entities,” two
councils, and a Board of Directors which remained virtually
intact.

More detailed Bylaws were adopted in order to set forth the
general provisions for officers and boards, governing princi-
ples of synodical organization, and relationships between the
Synod, its Districts, its Circuits, and the congregations.

185

A new entity was called into being, namely, the Circuit
Forum, and provision was also made for an inspirational
Circuit convocation to be held every three vears.

* * *

The commission reviewed, evaluated, made suggestions for
changes in, and approved the following District bylaws and ‘or
articles of incorporation: Southern I]linois, Mid-South, Mani-
toba and Saskatchewan, Colorado, Nebraska, Central Illinois,
Kansas, and Southern Districts. The commission is continuing
conversations with other Districts regarding bylaw revisions
which have not yet been approved: South Dakota, California-
Nevada-Hawaii, North Dakota, Southern California, and Ohio
Districts.

Shortly after the 1981 convention the commission ruled that
the convention resolution delegating the decision regarding
Canadian seminary training to Lutheran Church—Canada
was not in conflict with the Constitution, since the convention
is the highest legislative authority; having created the LCC,
the convention has the right to determine at various times
which responsibilities the convention wishes to delegate to it.

One of the most difficult responsibilities of the commission
following the convention was to carrv out the specific mandate
of the convention to make proper adjustments in terms of office
for the various boards and commissions affected by the
reorganization resolutions of the Synod. This required exten-
sive research and also delicate rearrangment of some terms of
office. In only one instance(CCM) was the term of office ofany
incumbent shortened. The details of the many decisions which
the CCM was called upon to make during this time are too
voluminous to report here. It is gratifying to note that no major
disagreements or resentments developed as a result of these
rather sensitive decisions. This speaks well for the church-
manship of those who hold office by election or appointment!

One of the problems in this connection confronting the
commission was the responsibility to provide for a staggering
of terms for elected boards which have six-year terms (ap-
pointed boards and commissions serve for three years).

At the time of the election of the new seminary president in
St. Louis the commission concluded that Bylaw 6.11 espeaks of
two separate committees, the first one composed of three
faculty members elected by the faculty and two board members
elected by the board, and the second committee composed of
“faculty members elected by the faculty,” number undeter-
mined. The commission held that whether faculty individuals
should serve on both committees lies within the discretion of
the voting body, since there is no prohibitory provision.

It was decided, because of the failure of the convention to act
tothecontrary, that certain Bylaws pertaining to stewardship
needed to be retained in the new Handbook.

After protracted investigation and consideration the com-
mission came to the conclusion that the words “until 1986”
should be retained in Bylaw 2.521 as adopted by the convention
in spite of the fact that the phrase had been deleted by the
convention from a simple listing of commissions. The Bylaw
deals with the Commission on Black Ministry.

With reference to the resolution regarding fellowship with
the ALC the commission held that the convention throughout
took actions which it was permitted to take as the highest
legislative assembly of the Synod.

It concluded that Res. 5-09 did not imply that a graduate of
the Parish Assistant program at Ann Arbor is a minister of
religion.

It concluded that all professional church workers, even
though not on the clergy or teacher member rosters of. the
Synod, could be included in the Annual but that it would be far
more helpful if each discipline would be listed separately
instead of having all of these church workers placed alpha-
betically in one list. To produce also a combined list would be
redundant and hardly justifiable from a cost standpoint.

The age at which voting membership may be conferred by a
congregation lies within the discretion of the congregation, but