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LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — July 2-10, 1981, Page 9

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Source: LCMS Commission on Constitutional Matters minutes, file copy

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no date definite for the completion except that the study should be completed "as soon as
possible."
2. It may have been regrettable that the CTCR did not complete its work at an earlier date. This
admittedly made it more difficult for the congregations to respond.
3. However, the congregations did have an opportunity to react both to the report of the CTCR
in the Workbook and to the floor committee's proposed resolution in the first issue of Today's
Business.
4. Furthermore, you yourself indicate that you had the opportunity to appear before the floor
committee. The fact that the committee did not adopt your position or your substitute
resolution does not negate the fact that you were indeed heard.
5. We also call attention to the detailed debate given to the resolution, to the introduction of a
substitute resolution and amendments reflecting to a considerable extent your concerns, and
to the attempt to have the matter reconsidered in a later session.
6. We note that the convention throughout took actions which it was permitted to take as the
highest legislative assembly of the Synod.
7. So whatever circumstances may have attended this matter, the Commission on Constitutional
Matters holds that the convention did not act unconstitutionally.
243. Eligibility of Robert Selle (Ag. 1534, A): Dr. Norman Sell had asked whether Mr. Robert Selle
would be eligible to serve as a newly appointed member of the Board of Managers for the Concordia
Benefit Plans. It was pointed out that Mr. Selle had completed his three allowable terms on the Board of
Trustees, but that in answer to his repeated pleas Dr. Preus had permitted him to serve in his stead on the
Board of Trustees for Trust Funds for two years, that the Board of Trustees for Trust Funds had now been
eliminated by the convention and its responsibilities transferred to the Board of Managers of the
Concordia Benefit Plans. The Commission concluded: Since the functions of the Board of Trustees for
Trust Funds have been substantially transferred to the Board of Managers of the Concordia Benefit Plans,
the Commission holds that the clear intent of the limited tenure rule applies and that Mr. Selle is ineligible
for appointment at this time to the Board of Managers. Similar determinations have also been made in the
past.
244. Southern District Bylaws (Ag. 938, A, E): The Commission took up the Southern District Bylaws in
their revised form. It noticed that the preamble to the Bylaws had been changed and was now more
unacceptable as previously. Therefore the Commission decided to change its earlier "recommendation" to
a "requirement" that the preamble would need to be changed to reflect adequately the membership of the
Synod.
245. Southern District Articles of Incorporation (Ag. 1484 or 1485): The same booklet now also
contained the Articles of Incorporation of the Southern District which had not been previously reviewed
by the Commission. It was noticed that Article II needed to be revised to include pastors and teachers and
also Article III. Furthermore, it seemed that the objective of the District ought to be stated in synodical
terms; that the possibility of membership should be restricted to members of the Synod; that reference
should be made to those members who might in the future belong to the Synod or to the District, etc. It
was finally decided that the Articles needed a complete and thorough going review and Prevallet was
asked to undertake this