LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — May 3-4, 1985, Page 2

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should be deleted in 4, A, which refers to officers elected by the district in convention. It is superfluous
since the synodical Handbook limits terms of officers to three years.
120. C.R.M. Status--Balmer (Ag. 1742): Dr. Frederick Niedner had asked questions regarding the status
of a pastor who had transferred as c.r.m. from the Northern Illinois District to the Northwest District, who
was objecting to having been removed from the roster of the Synod, and who was seeking c.r.m. status
because he was working with a small independent group of worshipers. The Commission ratified the
response of the Secretary. The questions asked were as follows: 1) Was the transfer as c.r.m. from the
Northern Illinois District to the Northwest District in order? 2) Are there any mitigating circumstances
which alter the application of the three-year rule, thus questioning Dr. Jaech's action? 3) May the Council
of Presidents' action in removing Pastor Balmer be rescinded and his status as a clergyman be restored,
but not for the purpose of being on the roster of the Synod? 4) Is Bylaw 8.01 broad enough to include
some formal action in a case like this?
121. Voting Rights (Ag. 1748): The Commission ratified a response to Dr. Theodore DeLaney regarding
the voting rights of congregations at district conventions when several congregations form a dual or
multiple parish. The response indicated that a multiple parish has only two votes, that of the pastor who
serves the parish and a lay delegate chosen by the parish. It was also pointed out that a lay minister is not
entitled to serve as a pastoral representative of a congregation or parish. The Commission further pointed
out that it would be advisable for the Handbook to provide a definition of a parish in future editions. This
matter will be presented to the Commission on Structure.
122. Bylaw 2.901, e, and District Lists (Ag. 1746, A) : The Commission affirmed the response provided
to Pastor Walter Peckman, who had questioned the constitutionality
of providing lists of preferred
candidates at district conventions under certain procedures adopted by the district. This matter is also to
be brought to the Commission on Structure for consideration.
123. Commission on Structure Suggestions (Ag. 1696): Judge Schnelz and Secretary Rosin are to
forward any concerns which the Commission on Constitutional Matters feels should be considered by the
Commission on Structure. There is particular concern regarding the status of the Secretary as a voting
member of the Commission on Constitutional Matters.
124. Ontario District--Pruefer (Ag. 1711, A-C): Rev. Pruefer had asked once again for an interpretation
by the Commission on Constitutional Matters regarding the constitutionality of procedures involved in the
calling of The Rev. Otto Bischoff as pastor of Bethel Lutheran Church, Kitchener, Ontario. The
Commission reviewed the sequence of events as best it could. In doing so it concluded that there was
nothing improper in the procedure as outlined in the letter from Dr. Stanfel to Bethel Lutheran Church on
September 22, 1981. It recognized that a number of actions were being taken concurrently, but that at no
point was the situation such that prior to the actual issuing of the call any actions which had been taken
could not be recalled. It still appears
to the Commission that within the materials submitted there are contradictions of fact which could only be
resolved by a Commission on Adjudication. It was noted, for example, that the letter from Dr. Stanfel
requests the congregation to take a certain action, and that this is apparently interpreted as a demand. The
Commission supports its previous view, that it is not in a position to determine if the Constitution and
Bylaws of the Synod were violated. If in its deliberations a Commission on Adjudication requests an
opinion of the Commission on Constitutional Matters, that opinion would be provided.
125. Pastoral Controversy--Krodel (Ag. 1730, A): Dr. Gottfried Krodel had again asked the Commission
to consider the granting of an opinion with regard to certain issues involving autonomy of a congregation
as being in possible violation of the constitutional confessional article which serves as the doctrinal basis
for The Lutheran Church--Missouri Synod. The Commission believes that it is charged with dealing with