LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — September 21-22, 1973, Page 8

Transcription machine transcription, uncorrected

⤓ Download .txt · copy text

5.

Basic to the issue is Bylaw 6.51 which states that the president is a member of the
faculty. The president of the institution is; therefore, subject to all bylaws which
deal with faculties.

6.

In the light of the foregoing, the Commission on Constitutional Matters rules that
the provisions of Bylaw 6.79 apply also to the office of president of the institution
and that a Board of Control may indeed suspend the president of an institution
from the performance of all his official duties.

7.

In issuing this ruling, the Commission calls attention to the following:
a.

Suspension is a temporary measure and is imposed when further steps need
to be taken or at least opportunity needs to be provided for further steps.
Eventually the suspension must be lifted or result in terminal action.

b. Suspension from an office and eventual dismissal from that office should be
carefully distinguished from suspension from and eventual termination of
membership in the Synod. While the two may coincide, they need not in every
case.
II
In answer to the third question the Commission on Constitutional Matters replies as follows:
In view of the past history of accusations leveled against "the faculty majority" and against the
president of the seminary, the substance of which was considered by the appropriate floor
committee of the blew Orleans Convention, it can hardly be argued that Doctor John Tietjen was
completely unaware of the accusations, and therefore totally unable to prepare an answer to these
charges.
That some action of this nature was expected even by Doctor John Tietjen was publicly acknowledged by
him and substantiated in a letter addressed to District Presidents by an attorney serving as his adviser.
Nevertheless, in reviewing the "Statement of Facts" and the timetable set forth therein, it would seem that
the procedural requirements of Bylaw 6.79 may not have been adequately fulfilled, that Doctor John
Tietjen may not have had sufficient and reasonable opportunity to answer the charges against him,
whatever their nature may have been, which were considered by the Board of Control on August 17 and
18, 1973, and that reasonable time intervals may not have been provided between the procedural steps
called for in Bylaw 6.79.
The Commission on Constitutional Matters therefore recommends that the Board of Control revert to the
first step as provided for in Bylaw 6.79 a and provide reasonable time to answer charges, so that no
person subject to being charged under Bylaw 6.79 can say that any action against him was precipitate or
that he was not treated "in the spirit of Christian love." (Bylaw 6.79a).
THE COMMISSION ON CONSTITUTIONAL MATTERS
Herbert Mueller, Secretary