LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — March 15-16, 1973, Page 2

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one professor, and one layman should be elected for four years and one pastor and one layman for two
years. The commission ratified this suggestion as being in harmony with the bylaws.
233. Ontario District Commission of Adjudcation (Ag. 406): The commission approved the action taken
by the Ontario District to have the three remaining members of the Board of Appeals elected at the 1973
convention in line with Bylaw 5.53 elect three additional pastors and one layman. Since no lawyers are
members of an Ontario District congregation a local lawyer will render legal service. The commission
decided to call attention to the fact that if Reverend Roy Knoll is now an executive of the District he is
ineligible and another election will need to be held to replace him. (Bylaw 5.47 c).
234. Colorado District Commission of Adjudication (Ag. 418): President W. E. Meyer wrote that his
District had failed to elect a Commission of Adjudication. The commission decided to advise him that the
Board of Appeals should serve as the Commission of Adjudication. In order to bring the membership up
to the requirement of the bylaws, the present members of the commission should appoint from the
available alternates, in the order of the number of votes received in the election of the board, one
clergyman and one layman, who need not be a lawyer, and if no alternates are available should elect
persons in the required categories according to Bylaws 5.47 and 5.53. The terms of office should be
established in such a way that approximately one half of the terms expire at one time (Bylaw 2.06 b).
235. Texas District Commission of Adjudication (Ag. 419): President Heckmann informed the
Commission of the same oversight in his District and since the situation was identical the commission
determined upon the same action in this case as in the Colorado case.
236. Limited Tenure Rule for Boards and Commissions (Ag. 411): The Secretary called attention to the
fact that repeatedly questions are raised as to the proper interpretation of Bylaw 2.07b. Does the question
of three terms or two terms depend on whether it is a board or a commission? Or does it depend on
whether individuals are elected or appointed? The question has become important at this time with respect
to nominations to be presented to the New Orleans convention. The commission ruled that the emphasis
in the bylaw lies on the words "board" (three terms) and "commission" (two terms), regardless of whether
a person is elected or appointed to the respective board or commission.
237. Texas Protest, Eligibility as Delegate (Ag. 413): President Heckmann of the Texas District reported
that one of the congregations had entered a state of protest in which the pastor had joined. The President
asked two questions: 1. "Would I have constitutional grounds for removing this man's name from our
roster of alternate delegates? 2. Is there any reason which would compel me to leave his name stand? The
commission resolved to answer "no" to the first question. The answer to the second question is "yes". The
president must leave the name stand. It is not within his power to remove it since this man represents the
congregations which have elected him and does not represent the District.
238. West Hartford Deaf Congregation, Rev. Earl Thaler (Ag. 389, etc.): Considerable time was devoted
to this case which involved much documentation. The commission arrived at some tentative conclusions
and then asked Prevallet to draft a proper reply overnight. On the following day the commission adopted a
communication to Rev. Thaler (attached to the minutes) with respect to this matter which allegedly
involved the sovereignty of a congregation and the question of whether or not certain officials had acted
in a constitutional way. The commission then decided to send copies of this communication to President
Robert Riedel, Dr. Waldo Werning, and Dr. William Kohn, and authorized the Secretary to use his
discretion with respect to additional copies.
239. River Forest Presidency (Ag. 421): Mr. R. Eggerding, secretary of the Board of Control of
Concordia Teachers College, River Forest, had written in behalf of the electors to request a ruling on the
constitutionality of calling an LCA man to serve as President of a college in The Lutheran Church-