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LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — July 21-22, 1972, Page 2

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Source: LCMS Commission on Constitutional Matters minutes, file copy

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141. Conclusions: The Commission devoted most of Saturday afternoon to a discussion of the papers and
personal presentations and came to the conclusion that practically all who had submitted studies were
agreed that the synodical President did indeed have extensive authority, that in all probability such
authority needed to reside in that office, and that the manner and extent to which this authority is
exercised depends to a great extent upon the personality and administrative philosphy of the encumbent
and upon the urgency and importance of the situation confronting the encumbent. There seemed to be
little interest in making any major revisions in the basic governmental philosophy of the synodical
organization although suggestions were offered by some that certain bylaws could either be eliminated,
clarified, or added to remove some of the practical difficulties which some feel have existed in certain
areas.
142. Action: The Commission then returned to the specific request of the New York (and also New
Jersey) Pastoral Conferences. Freise had already drafted a reply for presentation to the previous meeting.
In the meantime Mueller had also worked on a proposed reply which was shared at this time with the
Commission. Other suggestions were offered in the course of the discussion. Finally it was resolved to
have Freise try to pull the two documents as well as the discussion together and submit a proposed reply
to the members prior to the next meeting so that perhaps final action could be taken at that time.
143. Auditing Firm for Tabulation of Nominating Ballot (Ag 348): The Secretary had asked the
Commission on Constitutional Matters whether it would be permissible under the terms of the bylaw for
him to engage an outside auditing firm to tabulate the nominating ballots for President and First Vice
President. The Commission resolved that this could be done as long as this would be under the
supervision of the Secretary and, at an important juncture, of the chairman of the elections committee.
144. Tietjen Requests (Ag. 342 and 343): The secretary reported that on May 25 Dr. John Tietjen
requested and received copies of the January, 1970 ruling concerning reappointment of faculty members
and of the December, 1968 opinion on procedures governing charges of false teaching against faculty
members. Apparently he had not received copies through the channel of the Board for Higher Education.
145. BHE Acknowledgement (Ag. 295B): A letter was received from Dr. Ahlschwede on May 25
acknowledging receipt of the Commission's ruling that the most recent appointments to the BHE should
indeed be for four years instead of two years. The Commission expressed the hope that this information
had been relayed to the members of the BHE.
146. Temporary Electoral Circuit (Ag. 337): In answer to a question addressed to him by President Bruns
the secretary had stated that it was not permissible to move two parishes from one visitation circuit to
another merely for electoral circuit purposes (the choosing of delegates to a synodical convention). The
Commission formally ratified this reply.
147. Restructuring of South Wisconsin District Offices (Ag 346): It also ratified his reply to the South
Wisconsin President to the effect that he could find nothing unconstitutional in the proposed restructuring
of the administrative offices of the South Wisconsin District.
148. Interim Pastor as Voting Pastor (Ag. 347): Another letter addressed to him as Secretary of the Synod
had asked whether an interim pastor could serve as a voting pastor at a District convention (English
District). The Secretary had replied in the negative. The Commission endorsed this reply.
149. Atlantic District Disagreement (Ag. 315A): The Commission took note of the formal notice of
disagreement on the part of the Atlantic District Board of Directors with the Commission's ruling
regarding the division of the District.