LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — June 7-8, 1973, Page 5

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following the convention. It was furthermore suggested that if the opportunity should present itself a
suggestion might be offered to a floor committee to incorporate in a convention resolution a directive to
the Commission on Constitutional Matters to rewrite that paragraph. It was pointed out that the
expression that overtures should not be accepted "in matters for which the constitution or bylaws have
provided specific procedures" could theoretically lead to the exclusion of practically every overture from
consideration. Furthermore, the reference to "any overture involving suspension, expulsion, or appeals,"
needs clarification.
294. Huegli Request (Agenda 447): Through Herb Freise, President Albert Huegli of Valparaiso
University had asked whether clergymen on the staff as instructors or administrators at Valparaiso
University would be included in proposed bylaw 4.43 of Overture 5-17 submitted by the CCM. The
Commission ruled that such persons would indeed fall within the scope of paragraph f of proposed Bylaw
4.43.
295. Convention Floor Committee Assignments: On two different occasions during the meeting attention
was given to this matter. Members were asked to indicate their preference. The results of these
discussions are the following: Prevallet was assigned to Committee #5 on Constitutional Matters. Such
participation is required in the bylaws. Furthermore, it was felt that major attention should also be given
to Committee #3 and Committee #4 for which Sommermeyer and Freise were designated as the liaison
persons respectively. Additional liaison assignments were made as follows: Luessenhop: 2, 9, 12; Freise:
6, 11; Prevallet: 1, 10; Sommermeyer: 7, 8; Mueller: 13, 14, 15. It was agreed that the Secretary should
write to the chairmen of the committees instead of having each individual approach the chairman
involved. It is to be pointed out to these chairmen that the entire commission is at the disposal of the floor
committees but that the individual named is the special liaison.
296. Omission of Hoffmann's Name from Presidential Ballot (Ag. 431 and 431b): Grace Congregation of
Cleveland Heights, Ohio (English District) had requested the CCM to rule on the constitutionality of the
Secretary's action in omitting Dr. Oswald Hoffmann's name from the list of candidates for President of
the Synod. It served notice that if the Commission should uphold the Secretary's action it intended to
appeal to the convention to overrule the Commission's opinion. After making his presentation and
submitting the documentation, including the letter from Dr. Hoffmann stating, "I respectfully request you
as the Secretary of our church body to remove my name from the list of nominees for the presidency of
the Synod," the Secretary asked to be excused from the deliberations. The Commission in due time
adopted a letter of response which is attached to the minutes. In effect the commission ruled that the
Secretary had acted constitutionally and that he in fact had no other choice but to remove Dr. Hoffmann's
name.
297. Questions Re Nominations for President and First Vice President (Ag. 439, 439A, 437): Chairman
Ellis Nieting of Floor Committee #5 had asked the Commission to rule on two questions: 1. Must a
clergyman who is nominated at the convention give prior consent to serve if elected, as in the case of
those who are nominated by the congregations at least four months before the convention ?..,Does the
1973 convention have the right in an early session to amend bylaw 2.129 to delete the sentence of
paragraph b and to have the amendment become operative at once before the nominations for President
are closed (the section to be deleted reads: "Each candidate shall reply within 10 days as to his
willingness to serve if elected.")? The President and the Vice Presidents had also asked Legal Counsel to
explore these questions for the Commission, although the Commission had not been consulted on this.
Legal Counsel's opinion was submitted to the Commission as agenda item 439A. The Commission also
had before it a tentative draft of an opinion (Ag. 437) prepared by the Secretary. After detailed discussion
the Commission adopted 437 with certain revisions and additions as reflected in the final copy attached to
these minutes. Briefly, the Commission ruled in answer to the first question that the same type of consent
must be given by those nominated at the convention as by those nominated earlier, and replied to the