LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — September 30, 1977, Page 4

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1.

The Commission calls attention to Bylaw 9.71 which states that solicitations beyond District
lines must have the approval of the synodical Board of Directors.

2.

The Synod may incur a legal liability through any official action by a District to "recognize" an
organization and therefore the Synod's Board of Directors should be approached.

3.

The synodical Board of Directors and the convention of the Synod have both requested the Task
Force on Constitution, Bylaws, and Structure to develop guidelines and criteria for the
recognition of auxiliaries; the Commission therefore strongly urges that a District take no action
in such a matter at this time.

4.

From the information at hand there may also be a question of fellowship involved, an area which
the Synod has reserved to itself.

331. Appointed Members of the Board of Parish Education (Ag. 1235): Rev. Raymond A. Mueller, a
member of the Board of Parish Education, had asked whether the Synod through the adoption of new
wording for Bylaw 7.23 had made any changes in the procedure for the selection of representatives from
the terminal schools, and if so what these changes would imply. He had also asked whether incumbent
representatives of terminal schools could be present at or vote in the selection of their successors? The
Commission_ruled that the Synod had indeed changed the procedure. Now the Board of Parish Education
is to notify the President of the Synod as to the areas of expertise still lacking on the Board and which can
perhaps be filled in connection with the appointment of representatives from the terminal schools. With
this information in hand, the President of the Synod then approaches the terminal schools with a request
that recommendations for appointment be made to him to fill, if possible, these areas. The President of the
Synod then appoints from among these recommendations.
332. Selection of Delegates (Ag. 1236): Rev. Jerome K. Newton of Medford, Wisconsin, had written a
long involved letter, posing two complicated questions regarding the selection of delegates from the
circuit. The Secretary under date of September 27 had replied:
"1.

It has always been held that the matter of nominating or selecting delegates is an internal
congregational matter, as long as the congregation itself is satisfied that it is a congregational
action, by whatever means.

2.

With respect to your second question, I wonder whether the answer might not lie in the last
sentence of Bylaw 1.53 in the 1975 Handbook: 'The congregation or congregations served by
the elected pastoral delegate shall be removed from consideration for supplying any other
voting delegate or alternate for that particular convention.' You are quite right that it is too late,
but I can readily understand that you might wish to have clarification."

The Commission resolved that if it is reading the situation correctly, it ratifies the response of the
Secretary.
333. Handbook Revisions (Ag. 1229, 1223, 1211, 1226): The Commission now took up the major
assignment of making the necessary revisions in the Handbook to bring it into harmony with the actions
of the Dallas convention. The following changes were made by specific motions made, seconded, and
carried by the Commission:
1.27,

a, 1, second paragraph, third line - It was decided to delete "the Controller" (Res. 4-02A-2)
and not to substitute the Accounting Department at this particular point since it is in a line
relationship to the Treasurer of the Synod.