LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — May 3-4, 1985, Page 6

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The section dealing with the duties of the Constitution and Handbook Committee might include reference
to a liaison with the synodical Commission on Constitutional Matters.
In II, E, 3 and 4, the Commission wonders why the details are outlined in #3, but the purpose of a
triennial circuit convocation is not stated, and reference is only made to the Handbook of the Synod. In II,
F, 1, the Commission believes that the statement, as given, infringes upon the autonomy of the individual
congregation. This statement should be reexamined.
III, D, 2, as stated, opens the possibility for a large amount of litigation. A consistent standard of conduct
for termination should be applied. Termination of an appointment without show of cause could be a
violation of Bylaw 2.803 of the Handbook.
In III, G, 1, f, the statement should be modified to at least reflect Bylaw 3.71, b, which indicates that the
District President shall represent the Synod in his respective territory. At the very least, two-way
representation should be indicated. Also in III, G, 2, the Commission is concerned with the statement "as
pastor to all workers in the ministry." It would seem that the pastor to the local teachers, directors of
Christian education, and other workers would be the local pastor.
139. Missouri District Bylaws (Ag. 1737): The Commission noted that in I, A, 3, reference should also be
made to the resolutions of the Synod. It was suggested that the bylaw of the Ohio District, which provides
a useful mechanism for updating of district Bylaws to meet synodical bylaw changes and resolutions',
might be incorporated. 'It was further noted that at some point the official corporate name of the district
should be set forth.
In II, E, 3, c, the Commission notes that doubtful cases regarding the holding of more than one office are
to be decided by the Board of Directors. This would seem to be in conflict with Bylaw 2.73, c, of the
Handbook, which gives that power to the President of the Synod.
The Commission finally notes that in Article VII, the Bylaws should specifically "track" Bylaws 8.31-8.33 of the Handbook of the Synod and should do so precisely. It should further be noted that a district
Commission on Adjudication is subject to Bylaws 8.35 and 8.37 of the Handbook.
140. Eligibility for District Board of Directors (Ag. 17435 A): At the recent meeting of the Alberta-British Columbia District, Dr. Orville Walz, President of Concordia College, Edmonton, had been elected
to the Board of Directors of the district. The question had been raised as to whether his. election was in
conflict with 2.67, h, of the Bylaws. After reviewing the bylaw, the Commission concluded that the
exemption of executives to board membership was on synodical boards and not on district boards, and
that Dr. Walz might therefore be eligible under this bylaw. However, there does appear to be a facial
violation of 2.73, a, since in this case one board appears to have direct responsibility for the work which
Dr. Walz performs in another position, a situation which is peculiar to Canada because of the ownership
and governance of that institution. The situation therefore appears to be a doubtful one which requires
resolution by the President of the Synod under Bylaw 2.73, c.
141. Iowa District West Bylaws (Ag. 1660): This item is to be retained in the agenda for future
consideration.
142. Lutheran Church--Canada Constitution (Ag. 1752): Lutheran Church-Canada is proposing a
Constitution which is identical with the Constitution of The Lutheran Church--Missouri Synod, with the
exception of certain portions which are adapted to meet Canadian laws and special situations. The
Commission approved the Constitution as proposed.