LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — December 6-7, 1974, Page 11

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345. Seminex Graduate as Lay Delegate (Ag. 714): The Secretary was asked to determine whether the
young man in question had indeed been elected to serve as a delegate from the South Dakota District.
(After the meeting it was determined that James T. Spiles is indeed listed as the alternate lay delegate
from Circuit #7 of the South Dakota District.)
346. Removal of District President from Office (Ag. 729, 729A,B,C,D,E,F, 658, 658A, 658B, 676, 752,
694, 698, 746): Most of the second day was devoted to a discussion of the request from the synodical
Commission of Adjudication to rule on the matter of the removal of District Presidents from office. Quite
a number of other documents, studies, and requests were also involved. Freise had already submitted
previous to the meeting a document setting forth procedures which imply that the removal from office
would also involve expulsion from the Synod. Mueller had submitted a study document which might
apply in situations where removal from office does not necessarily involve also expulsion from the
Synod. The Commission finally instructed the Secretary to try on the basis of these two documents to
develop one document which would follow this proposed skeleton outline:
The removal of a District President from office may be effected in one of
two different ways:
A.

Direct removal from office (which may be followed by expulsion from the Synod but not
necessarily).

B.

Removal from office by virtue of expulsion from membership in the Synod.

The basic procedures for each are as follows:
A. Direct Removal
B. Removal by Virtue of Expulsion from Membership
347. Jurisdiction in Tietien Case (Ag 767,1: The Board of Control of Concordia Seminary, St. Louis has
inquired which District President is referred to in Bylaw 6.79, 1 as the president to whom the transcript of
the proceedings are to be forwarded. Is this the president of the geographical District in which the
seminary is located or is it the president of the English District in which Dr. John Tietjen holds
membership? After several proposals had been tried and tested the Commission tentatively drafted the
following statement and then postponed action on it until the next meeting:
1.

Although as president of Concordia Seminary, St. Louis, Dr. John Tietjen was under the
ecclesiastical supervision of the Missouri District president, he nevertheless continued to hold
membership in the English District.

2.

The Commission on Constitutional Matters therefore rules that the "District President of the
accused" referred to in Bylaw 6.79, 1 is the president of the English District.

3.

There is some evidence that the original intent was that the District President referred to in
Bylaw 6.79, 1 was to be the president of the geographical District referred to in the second
sentence of Bylaw 1.09 d. But in analyzing the pertinent bylaws the CCM with one dissenting
vote concludes that the draft adopted by the convention failed to set this forth with sufficient
clarity.

The Secretary was also asked to reproduce and circulate some of the alternate statements which had been
suggested during the course of the discussion so that these could be examined once again before a final
decision is made.