LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — May 3-4, 1985, Page 1

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That it has been necessary to engage in such a lengthy exchange of views establishes the point
that an interpretation of the bylaws was necessary on this matter. Accordingly, we are urging the
Commission on Structure to propose appropriate clarifying language to the 1986 convention.
The Commission has considered the various other suggestions and contentions you have
advanced, and has concluded that they do not alter the basic premises on which the interpretation
is based.
114. Adjournment: The Commission adjourned its meeting after establishing May 34, 1985; September 67, 1985; and December 13-14, 1985, as future meeting dates, with the understanding that a special
meeting may be needed to consider district Articles of Incorporation and Bylaws.
Walter L. Rosin, Secretary

Minutes of the Commission on Constitutional Matters - May 3-4, 1985
115. Opening Devotion: After calling the meeting to order, Judge Schnelz asked Judge Groh to lead the
Commission in an opening prayer, asking for God's guidance and blessing upon the work of the
Commission.
116. Bruch Request for Appeals Procedure (Ag. 1722) :The Commission ratified the response of the
Secretary to The Rev. Daniel Bruch, directing that if he wished to continue his appeal, the appeal should
be addressed to the Commission on Adjudication. The Commission also pointed out that it would be
presenting the matter of "executive sessions" to the Commission on Structure for consideration and
clarification.
117. Pastoral Visit--Fort Wayne (Ag. 1738): A pastor had asked the Commission on Constitutional
Matters to express an opinion regarding the constitutionality of a pastoral visit at Fort Wayne initiated by
the President of the Synod. This matter had been previously discussed by the Commission and an opinion
had been issued. The Commission ratified the response of the Secretary, which included that previously
expressed opinion.
118. Seminary Board of Regents--Hyatt (Ag. 1739, 1744, A-B): An opinion expressed by the
Commission regarding the eligibility for Dr. Hyatt to serve on more than one seminary Board of Regents
had been questioned. In response to this question, the Commission stated that the issue which faced it at
the inception of discussion on this issue was whether the position on the Board of Regents was one of
designation or appointment. The Commission felt that language in Bylaw 6.01 did not call for
appointment but designation, and that Bylaw
2.73 refers only to appointed positions. A designation
can be changed at will since no term is specified. There is no implication of permanency in that term,
whereas appointments are generally for specified periods of time. It is the feeling of the Commission that
the President has resolved the issue in his own mind and that Dr. Hyatt is considered to be designated, not
appointed, in those positions where he casts a vote and serves as a liaison in those seminary board
positions where he is not granted a vote. The Commission further recognizes that the question which has
been raised involves a matter of semantics. Because of the importance of the question, as well as other
ambiguities, the Commission will be asking the Commission on Structure to urgently consider language
clarification of the bylaws which are involved.
119. Alberta--British Columbia Bylaws (Ag. 1740): The Commission ratified the response of the
Secretary, which indicated that the phrase "provisions of the synodical Handbook notwithstanding"