LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — September 16, 1983, Page 8

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The Commission adopted the following opinion:
In response to the inquiry of September 14, 1983 received from the Board for Professional
Education Services, the Commission on Constitutional Matters holds that the Standing
Committee for Pastoral Colloquy is a standing committee of the Board, that the Board is
responsible for provision to the Committee of its material needs as the Committee shall
determine, given the unique status and obligatory function of the Committee accorded by the
bylaws. Further, the Commission holds that the Standing Committee may in the course of the
performance of its duties under Bylaw 5.73 delegate those functions only to the BPES, provided
it retains supervisory direction thereof.
195. Eligibility of an Emeritus to Continue Service on District Board of Directors (Ag. 1674) : In answer
to a request from Rev. Gordon Mackensen, the Secretary had indicated that there were no restrictions in
the Constitution and Bylaws of the Synod, nor even in the English District bylaws which had just been
adopted, regarding the continuing service of emeriti pastors on a District Board of Directors. He therefore
assured Pastor Mackensen that he could continue to serve out his term. The Commission ratified this
reply to a question which had been addressed to the Secretary of the Synod.
196. Further Clarification of Spencer, Iowa, Constitution (Ag. 1625, C, D): Since this congregation had
been received into membership at the 1983 synodical convention, it was resolved to remove this item
from the agenda.
197. Effective Date of Constitutional Amendments (Ag. 1652): Secretary Robert Schmidt of the South
Wisconsin District had asked at what time changes in congregational constitutions become effective.
Gene Schnelz had asked for an opinion regarding South Wisconsin law. This was supplied by Attorney
Walter F. Tesch of Milwaukee. The Commission adopted the following opinion:
To avoid possible conflict between civil law and synodical Bylaw 1.21, the Commission on
Constitutional Matters suggests that all new constitutions and constitutional amendments of
member congregations be made subject to Bylaw 1.21 and that upon approval of such
amendments as outlined in 1.21, a congregation may begin to operate under the new constitution
or the amendments. As to applicant congregations which are not yet members of the Synod, there
is no problem, since such congregations cannot be accepted until their constitution has been
approved.
The Commission agreed in house that the whole subject needs further attention. It was also suggested that
the Secretary inform Secretary Schmidt that the statutes provided in no way refer to the constitution and
bylaws of a congregation but only to its articles of incorporation.
198. Further Meeting Dates : Since the makeup of the Commission beyond December 31 is still in doubt,
it was felt that perhaps a date should be set for only one meeting in 1984 at the present time. The date
established was Feb. 10-11, 1984, St. Louis.
199.
Correspondence on Recent Opinion Re CTCR (Ag. 1606, E, F): The Commission took note of
letters from President Ralph A. Bohlmann and Rev. Lewis Launhardt expressing their reactions to the
recent opinion.
200. Hierarchical (Ag. 1655): An article from Michigan on this issue was also shared with the
Commission,