LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — October 10-11, 1974, Page 8

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in any event would have no opportunity for any adequate discussion in the few remaining moments of the
meeting, while the attorneys in question have been familiar for some time with the issues involved.
293. Procedures Against District Presidents who Violate Constitution arid Bylaws g. 729, 58, 94, 698):
The synodical Commission of Adjudication through its secretary, Rev. Ottis Sauls, had placed before the
Commission a complicated set of questions regarding the jurisdiction in cases calling for the ousting from
membership of District Presidents. Freise had prepared a draft of a position paper. Philip Draheim had
also been invited to discuss this matter in person with the Commission. It was his viewpoint that only
certain persons or groups could initiate actions either to oust from office or from synodical membership.
The questions raised by Rev. Sauls were:
1.

Do Sections 5.25 b, 1 or 5.25 d, 2 of the Handbook require this formal complaint to be
heard before the Commission of Adjudication of District B; or

2.

Does Section 5.25 a require this matter to be heard by the synodical Commission of
Adjudication?

It seemed that the answer to the first question of the commission was "yes" and the answer to the second
question "no." In the course of the discussion the following points were adopted either by formal motion
or by common agreement:
1.

"A member" cannot initiate an action of expulsion from membership, but only the first vicepresident or any District officer down the line listed in Bylaw 5.13 beginning with the first
vice-president, and finally the President of the Synod if the District officers fail to act.

2.

With respect to removal from office it is presumed that every person can be removed from a
position which he holds with the Synod or a District but such action must be initiated by a
proper person or entity.

3.

There seems to be nothing before the synodical Commission of Adjudication until someone
has been removed from office or suspended from membership.

However, in order not to prematurely commit the Commission on Constitutional Matters to these or other
conclusions before their study and discussion could be completed, it was agreed that the Secretary should
advise the Commission of Adjudication to proceed slowly since it is not certain that that commission has
anything before it at the moment. Implied is the promise that that commission will hear further from the
Commission on Constitutional Matters. In the meantime, Draheim agreed to share his notes with the
commission. It was necessary to adjourn before the discussion of the previous matter could be concluded.
Herbert Mueller Secretary

MINUTES OF THE MEETING OF COMMISSION ON CONSTITUTIONAL MATTERS
December 6-7, 1974 - St. Louis, Missouri
294. Chairman Luessenhop opened the meeting with prayer. The following were present: Luessenhop,
Freise, Klotz, and H. Mueller. Prevallet was present for the second day. The minutes of October 10-11,
1974 were approved as submitted.