LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — October 1-2, 1970, Page 3

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best to operate in this way until the CPH supply had been exhausted. Then it might be necessary to
produce an entirely new booklet (Agenda 149 and 154).
233. Nominations: The chairman also stated that he had forms in case anyone wished to make suggestions
to the Convention Committee on Nominations.
234. Pastor Paul Hoenk: This pastor in Iowa City had addressed two communications (Agenda 194 and
194A) to the commission. In answer to the first the commission ruled that a District Board of Directors
does not have the authority unilaterally to terminate a call issued jointly by the District and an
autonomous congregation. In reply to the second the commission ruled that the District President in
consultation with the Vice Presidents has the right to suspend a pastor regardless of the objection of his
congregation (Bylaw 5.31). Since Pastor Hoenk in one of the communications had asked for
confidentiality the commission resolved to inform him that we have made rulings but will not inform him
unless he releases the commission from the request for confidentiality since in the opinion of the
commission the District President should receive copies of the rulings.
235. ECOP and District Supplements: The Editorial Commission for Official Periodicals had requested
the commission to rule on the constitutionality of the final resolved of Denver Resolution 4-36 which
states "that, whatever the outcome, the autonomy of the editorial structure for each District edition of the
Witness shall be maintained and adequately safeguarded." ECOP is reluctant to assume responsibility for
anything marked Lutheran Witness Part 2 over which it has no editorial control. After considerable
discussion the commission resolved to recommend to ECOP:
1. That ECOP prepare an overture to the next convention recommending the insertion of "Part
I" into Bylaw 11.81 as well as an addition to Bylaw 11.87 indicating that editorial
responsibility for supplements rests with the synodical Districts;
2. That ECOP print a disclaimer of editorial responsibility on the masthead of all District
supplements (Agenda 179, 199).
236. Bylaws Governing Appeals: President E. H. Zimmermann of the Indiana District had raised two
important questions regarding the bylaws governing appeals.
1. Under 5.31, what is the meaning of the word "office" in the statement "shall be relieved of
his rights as a member of the Synod and of the duties and responsibilities of his office."
After extensive discussion the commission decided to answer President Zimmermann along
the following lines:
It is the opinion of the commission that suspension can only mean a "temporary expulsion".
It means nothing unless it means to be deprived of the exercise of his functions. However,
recognizing both the calling right of the congregation and also its responsibility as a
member of the Synod to abide by the regulations of the Synod, the congregation should be
asked on the basis of its membership in the Synod to suspend the pastor from the
performance of his pastoral duties until final disposition of the case.
2. What length of time is allowed for the suspended person to submit his brief to the Board of
Appeals after he has decided to make an appeal to the District? The commission resolved to
inform President Zimmermann that according to the rules of procedures adopted by the
Board of Appeals the answer is "thirty days." (Agenda 198).