LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — February 1, 1985, Page 5

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In reference to item 15.1, since the plural, chairmen, is used, it is clear that only the chairman of each
board is represented on the church council. With respect to 15.3 of the Guidelines, the Commission is
aware of the danger which is involved, but feels that much depends upon the leadership of the
congregation, and the rights of the congregation are protected by the right to call a special meeting.
In reference to the requirement for doctrinal conformity, the Commission would respectfully call attention
to 2.0, 3.0, 5.1, and 8.0 of the Guidelines. It should be noted in this connection that here the congregation
sets the standard and the Synod conforms. It is a demonstration of congregational polity. If the
congregation has been careful to maintain its own standards, a simple majority would be sufficient to
determine whether the Synod conforms to the confessional standard of the congregation.
In regard to concerns which are expressed regarding the limitations on holding office, particularly women
suffrage and such limitations, the Commission felt that it was best to use the approach of quoting the
Synod's position because questions regarding this matter constantly keep arising. While the Commission
would prefer brevity, it included this matter in order to forestall any heated discussion and debate on the
issue.
103. South Wisconsin District Bylaws (Ag. 1699): Action deferred for consideration at a later meeting.
104. Southern Illinois District Bylaws (Ag. 1723): Attention had been called to a statement in the Bylaws
of the Southern Illinois District which limits nominations for the position of district president to pastors
who are included on the roster of the Southern Illinois District. The Commission expressed appreciation
that this matter was called to its attention and pointed out that it must be corrected in order to agree with
Handbook 3.51, a, which limits nominations for district president only to those who are members of the
clergy roster of the Synod, without reference to district membership.
105. Wyoming District Bylaws (Ag. 1657, 1662): Action deferred until a later meeting of the
Commission.
106. Constitutionality of Action of Ontario District President (Ag. 1711, A): The Rev. H. Preufer had
requested a ruling from the Commission on Constitutional Matters regarding procedures followed by the
Ontario District President in the colloquization and calling of the Rev. Otto Bischoff to serve Bethel
Congregation of Kitchener, Ontario. In response, the Commission pointed out that if the provisions of the
Constitution and Bylaws of the Synod were violated, the actions of the District President were wrong.
The Commission, however, points out that it is not in a position to rule on facts, which facts are in
dispute. The matter should therefore be directed to the district Commission on Adjudication. The
Commission further wished to point out that Pastor Preufer did not follow proper procedure in addressing
the Commission through an attorney. At the very least, his personal signature should have been included.
The Commission, however, did not wish to reject the request on the basis of a technicality since the
address to the Commission by the attorney was copied to Rev. Preufer.
The Commission further pointed out that many factual questions had been raised and that the Commission
on Constitutional Matters is not an adjudicative body but rather an interpretative body. The letter of April
27, 1983, from Dr. Sauer to Rev. Preufer spells out the procedure for the calling of Pastor Bischoff, which
procedure was followed and is apparently in conflict with the alleged facts contained in the
communication from Rev. Preufer's attorney. The Commission suggests that if Rev. Preufer should wish
to carry the matter further, he should follow the advice of Dr. Sauer in his letter of April 27, 1983, and
present charges relating to it in a proper manner. The adjudicative procedure of the Synod provides for the
district Commission on Adjudication to request an opinion of the Commission on Constitutional Matters
if, in its view, constitutional matters are involved. The Constitution is clear. If it was or was not followed