LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — August 23-24, 1971, Page 1

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MINUTES OF MEETING OF COMMISSION ON CONSTITUTIONAL MATTERS
St. Louis, Missouri, August 23-24, 1971
1. Streufert had the opening prayer. All members were present except Freise, who was excused.
2. File: It was decided to purchase an additional four drawer file for the secretary's use from commission
funds.
3. The minutes of the June 18-19, 1971 meeting were adopted as submitted. The following two items
were incorporated in the minutes of the present meeting as a report on two actions taken by the
commission during the course of the Milwaukee convention:
4. Selective Fellowship: An attempt was made to "require" rather than "urge" the congregations to
observe the synodical principles regarding selective fellowship. The convention asked the commission for
a ruling. The commission decided to advise against such a proposal since it would raise serious
constitutional questions.
5. Appeals Board: With reference to the proposed bylaws regarding adjudication and appeals (Chapter V),
the commission agreed to avoid a floor fight on the part of the Board of Appeals by accepting the idea
that the Board would be required to secure an advisory opinion from the CCM and the CTCR on
constitutional and theological questions. The Board of Appeals was willing to accept this compromise
approach (Ag. 22A and 22B).
6. Kuenne Files: It was resolved to have Sommermeyer ship the Kuenne files to St. Louis at commission
expense.
7. Terms of Office and Organization of Boards: The commission suggested that the Secretary write to all
boards and commissions (a) calling attention to the fact that there are three different dates on which terms
now begin, one for the officers and Board of Directors, another for newly elected board members, and a
third for appointed board and commission members, and (b) suggesting that boards and commissions
organize after the latest date set for the beginning of the terms of newly elected or appointed members.
8. c.r.m. Request for an Investigation: President Zimmermann of the Iowa-East District had asked
whether a c.r.m. could demand an investigation of a District official and, if so, whether the demand
should be lodged with the District President of the complainant or of the accused? The commission ruled
that a c.r.m. does have the right to bring a charge against an individual and; on the basis of the
information which the commission had in hand, the commission was of the opinion (1) that the complaint
should be addressed to the District President of the accused, (2) that the District President of the accuser,
however, should be involved in the process of adjudication, and (3) that if administrative efforts on the
part of the two Districts fail the case under the bylaws adopted in Milwaukee should go to the synodical
commission on adjudication (at present, the Board of Appeals) (Agenda 261).
9. Guidelines: Dr. 0. A. Dorn's letter indicated that to everyone's surprise 2400 plus copies are still in
stock (Agenda.259 and 259A).
10. Richard Klann Letter (Ag. 262): The commission noted receipt of this letter.
11. Adjudication Procedures (Ag. 271): By common consent it was agreed to take up the question of
internal guidelines after one year of experience. Res. 5-14 requires a joint evaluation.