LCMS Convention Proceedings St. Louis, Missouri — 1992, Sheet 197

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19%. LATE REPORTS AND OVERTURES

sponsibilities under Art. XI of the Constitution and
applicable Bylaws, including Bylaw 1.07 b and have re-
fused to comply with and enforce the final and binding
decisions of the COA and have further refused to carry out
their responsibilities of ensuring that other members of
the Synod, including the majority of the BOR, comply with
the Constitution and Bylaws of the Synod; and

Wuereas, Bylaw 3.73 provides, in part, “All officers,
boards, and commissions shall be accountable to the Synod
for all their actions .. .”; and

Wuereas, The refusal of Dr. Bohlmann and Dr. Men-
nicke to comply with the Constitution and Bylaws of the
LCMS and to honor and obey the final and binding deci-
sions of the COA has caused and continues to cause di-
vision, distrust, dishonor, and conflict and great damage
to CTS and the LCMS; and

Wuereas, Dr. BohImann and Dr. Mennicke cannot ef-
fectively or properly carry out their duties and Tresponsi-
bilities, and the welfare and unity of the LCMS cannot be
maintained if Dr. Bohlmann and Dr. Mennicke remain in
office but refuse to comply with-the Constitution and By-
laws of the LCMS; and

Wuereas, Art. XI, A, 2 of the Constitution of the LCMS
provides, “The Synod at all times has the right to call its

’ officers to account and, if circumstances require it, to re-

move them from office in accordance with Christian pro-
cedure”; therefore be it :

Resolved, That the convention condemn the action of
Dr. Bohlmann and Dr. Mennicke refusing to honor or obey
the final and binding decisions of the COA and thus openly
and publicly violating the Constitution and Bylaws of the
LCMS and refusing to carry out their duties of ensuring
that all other members of the Synod comply with the Con-
stitution and Bylaws and admonishing those that do not;
and be it further

Resolved, That Dr. Bohlmann and Dr. Mennicke be re-
moved from office, effective immediately; and be it finally

Resolved, That the Second Vice-President of the Synod
advance to the position of President of the Synod until the
expiration of his term of office and the Third Vice-President
of the Synod advance to the position of First Vice-President
of the Synod until the expiration of his term of office, pur-
suant to Art. XI, C of the Constitution.

Our Savior’s Lutheran Church

Crookston, MN

Jerome Wendorff, Chairman

. Daniel Weber, Secretary
Identical or similar:

L8-46B and C ‘
Christ, Mason City, IL
David Bergman, Chairman
Pilgrim, Decatur, IL
Phil Beach, Chairman

L8-47A

To Remove from Office Members
of Fort Wayne Board of Regents
for Violating Their Oath of Office

Wuereas, The Board of Regents (BOR) of Concordia
Theological Seminary—Fort Wayne (CTS) adopted a res-
olution by majority vote on July 27, 1989 forcibly retiring
the Rev. Dr. Robert D. Preus from his position as president
of CTS; and

Wuereas, Dr. Preus challenged this decision of the ma-
jority members of the BOR by presenting the matter to the
synodical adjudicatory bodies; and ‘

Wuereas, The synodical Commission on Appeals
(COA), pursuant to its authority under Art. VIII of the
Bylaws, concluded that “the BOR majority had sinned
against Dr. Preus and had taken from Dr. Preus his good
name, his honor, and his position by show of right, all in
violation of the Eighth and Ninth Commandments” and
that Dr. Preus was not properly retired as president of
CTS, and that if Dr. Preus is reinstated to membership in
good standing on the clergy roster of the LCMS, he is to
be restored at that time to the office and duties of president
of CTS; and

Whereas, Bylaw 8.69 provides, “All final decisions of
the Commission on Appeals of the Synod and all unap-
pealed decisions of a Commission on Adjudication shall be
binding upon all parties to the case and not subject to
review, reversal, amendment, or modification, any provi-
sion to the contrary in the Bylaws notwithstanding”; and

Wuereas, The decision of the COA concluding that Dr.
‘Preus was not properly removed as president of CTS and
that Dr. Preus shall be-restored to his position and duties
as president of CTS upon being restored to good standing
in the clergy roster of the LCMS is a final and binding
decision pursuant to Bylaw 8.69; and

Wuenreas, A majority of the BOR including members
Orvil Roetman, Stuart Tietz, Melvin W. Bredemeier, Wil-
liam F. McNally, and August Mennicke, has adopted a
resolution stating that it will not “honor or obey the ruling
of the synodical Commission on Appeals purporting to rein-
state Dr. Preus”; and

Wuereas, The refusal of the Majority of the BOR to
“honor or obey” the final and binding decisions of the COA
is in violation of the Bylaws ofthe LCMS, including Bylaws
8.07, 8.69, and 8.75, as well as the objectives of the Synod
as expressed in Art. III of the Constitution; and

Wuereas, Bylaw 1.05 d provides, in part, “individual
members, commit themselves as members of the Synod to
act in accordance with the synodical Constitution and By-
laws under which they have agreed to live and work to-
gether and which the congregations alone have the
authority to adopt or amend through conventions”; and

Wuereas, Bylaw 2.39 a provides, “The Constitution, By-
laws, and all other rules and regulations of the Synod shall
apply to all congregational and individual members of the
Synod. The Synod expects [all members} to honor its rules
and regulations”; and

Wuereas, Bylaw 2.39 ¢ provides, in part, “While re-