LCMS Convention Proceedings St. Louis, Missouri — 1992, Sheet 188

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11. SPECIAL COMMITTEE
Report of Special Committee

RESOLUTION 11-01
A special committee was appointed by the synodical

President under the provisions of Bylaw 3.103 d, which .

clearly states that the President may exercise his executive
function by appointing special committees whenever “con-
ditions arising in the course of time demand such action.”
After considerable study and evaluation, the committee
presented a number of questions to the delegates in the
communication of June 24, 1992. The committee now
brings its recommendations to the convention for discus-
sion and action. It is the sincere desire of the Special Com-
mittee that the convention will adopt this resolution as la
means of bringing healing and peace to our beloved Synod;
therefore be it

Resolved, That the Synod in convention declare that
Bylaw 8.69 is final for all decisions of the Commission on
Appeals of the Synod and all unappealed decisions of § a
commission on adjudication, provided that such decision
is consistent with the Constitution and Bylaws of the

Synod and/or is in accord with clearly established doctrinal :

positions of the Synod. Should either party to a dispute
challenge the interpretation of the Constitution and By-
laws or the doctrinal position set forth in the decision, ah
appeal may be made to the synodica] Board of Directors
under Bylaw 3.183, which shall either affirm the decision
or return it for rehearing; and be it further

Resolved, That the Synod in convention declare that
Bylaw 8.51 f requires advisory opinions of the Commission
on Constitutional Matters and the Commission on Theol-
ogy and Church Relations, when requested by either party
to a proceeding, and that such advisory opinion is to be
followed by a commission in arriving at a final decision;
and be it further

Resolved, That the Synod in convention declares that
the interpretation of any Bylaw, including Bylaw 8.69, can!
not be made without regard for other references in the
Constitution and Bylaws. The Constitution and Bylaws of
the Synod require accountability. of all commissions to the
Synod for their actions (Bylaw 3.51 d, 3.69 m, 3.73). The
several provisions of the Handbook state a clear and con!
sistent intention that all commissions of the Synod, in!
cluding the Commission on Appeals, are to be held
accountable to the Synod in convention; and be it further

Resolved, That the Synod in convention rejects the po!
sition stated in the “Response of the Commission on Ap;
peals” that “the ultimate authority over the LCMS
adjudication processes are the secular courts” (page 3 of
the document distributed to the Board of Directors and
Council of Presidents by the Commission on Appeals, en!
titled “Response of the Commission on Appeals to the Re!
port of the Special Committee and the Council of
Presidents of The Lutheran Church—Missouri Synod”
(dated 6/27/92); and be it finally

Resolved, That the provisions of this resolution apply,
to all cases now pending before the Commission on Appeals’
and any commissions on adjudication.

187

Specta! Committee Chalrmen Henry L. Koepchen (Left)
i and John Heins (Right)

Action: Adopted (9)

_ (During consideration, a motion made to delete the second-last
resolve was declined. Motion to delete the second resolve or to
change the sense of the direction so that advisory opinions of the
Commission on Constitutional Matters and the Commission on
Theology and Church Relations “may be followed” rather than
“are to be followed” were tabled.)

i Agreement
RESOLUTION 11-02
1. That Dr. Robert D. Preus serve as President of Con-
cordia Theological Seminary, Fort Wayne, Indiana, un-
til May, 1993, or until a new President is installed,
whichever comes first.
2.' That the call process for a new President will re-
! commence.
3. That as of this date an Administrative Officer, accept-
table to the President, Board of Regents and the Board
' for Higher Education, is in place. All academic and ad-
_Mministrative functions of the Presidential office as de-
‘fined in Bylaw 6.15 are delegated by the President to
this Administrative Officer.
4. That President Preus devote himself in great measure
to the Special Anniversary Offering and to recruitment.

July 16,1992 Approved by:

| (Date)
‘ s/ Orvil M. Roetman

Chairman, Board of Regents
Concordia Theological Seminary
Fort Wayne, Indiana