LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — August 24, 1973, Page 6

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2.

To urgently request the Board of Directors not to implement the policy further
until the Commission has rendered its opinion regarding the constitutionality of
the policy.

The Commission's attention was called to the fact that the Board was aware of the questions and had
proposed a bylaw revision to the New Orleans convention to solve the difficulty unfortunately, the
proposed resolution failed to receive action and was referred back to the Board of Directors under the
omnibus resolution.
331. South Wisconsin Question re Conflict of Interest (Ag. 433B): During the course of the meeting
another letter was received from Robert Schmidt, Secretary of the South Wisconsin District, giving what
he hoped a clarification of the previous question of the District Board of Directors concerning any
possible conflict of interest involved in appointing an advisory member of the Board to another position.
The Commission concluded, however, that the letter did not really clarify the situation and resolved to
request more specific information, asking what the man's position is at present, for what position he is
being considered, and what on the basis of the District bylaws is the relationship between the two
positions.
332. Enlaced Boards of Control (Ag. 469): The New Orleans convention adopted a new bylaw enlarging
the boards of control of both seminaries upon recommendation of the AATS task force. But the
convention failed to elect persons to these newly created posts. Dr. Preus inquired whether appointments
need to be made. The Commission will take this problem under advisement and explore the possibilities
(leave positions unfilled until the next convention? Or regard these positions as vacancies which should
be filled by appointment? If so, who appoints?).
The meeting adjourned after it had been verified to meet again on Friday, September 21, 1973, 1:00 p.m.
and the following day.
Herbert Mueller, Secretary

MINUTES OF MEETING OF COMMISSION ON CONSTITUTIONAL MATTERS
September 21-22, 1973 - St. Louis, Missouri
333. Luessenhop opened the meeting with prayer. All members were present. The minutes of August 24,
1973 were approved as submitted.
334. Principal Purpose: It was stated that the principal purpose of this meeting was to take up the request
for answers to three questions raised by the Board of Control of Concordia Seminary, St. Louis, in a
document entitled "Statement of Facts" and dealing with the discipline and suspension of President John
Tietjen. (Ag. 472, 465).
345. Ground Rules: The Commission approved the ground rules which had been formulated by
Luessenhop and Mueller and conveyed to all parties concerned in a letter dated September 19 and
attached to these minutes.
346. Introduction: At this point the representatives of both sides were called into the meeting and
introduced. For the majority of the Board: Chairman Ewald Otto, Attorney Roberts Elam, for the
minority: Doctor John Tietjen, Attorney Richard Duesenberg. In answer to a question it was suggested
that no tape recording be made of the proceedings.