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

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153. Removal of Counselor from Office (Ag. 1762): A circuit counselor had asked the following
questions:
1. Who has the authority to remove a circuit counselor from office?
2. What are the grounds upon which a circuit counselor may be removed from office?
3. What recourse does the circuit counselor have, if he feels that he has been wrongfully
removed from office?
The Commission ratified the response of the Secretary, which indicated that the Bylaws contain no
provision for the removal of a circuit counselor, or for that matter a board member who has been duly
elected to office by a convention of the district or the Synod. Since counselors are elected or, in effect, in
most cases, have their election ratified at district conventions, there are no bylaws which provide
procedures for removal from office. Since there are no bylaws dealing with this matter, there is no basis
for providing an answer to the question regarding grounds for removal.
With regard to the recourse which a circuit counselor might have if he feels that he has been wrongfully
removed from office, it is noted that the counselor can appeal his case to the district Commission on
Adjudication. The procedures for initiating such an appeal and carrying it out are outlined in Chapter VIII
of the Bylaws of the Handbook of the Synod.
154. Procter Matter (Ag. 1711, D-G): The Commission had previously considered a request from Pastor
Pruefer to declare the actions of the District President relating to the colloquy of Rev. Otto Bischoff as
unconstitutional. In its previous responses the Commission had noted that facts were in dispute and that
the Commission does not have adjudicative powers but is responsible for interpretation. It had also
directed Pastor Pruefer to present his case to a Commission on Adjudication for a determination if he so
desired. Chairman Schnelz is to prepare a letter to Pastor Pruefer, reiterating the previous decisions of the
Commission, utilizing paragraphs from previous letters which were forwarded in response to previous
requests.
155. Woman as Congregational President (Ag. 1753): A member of the Mid-South District Constitution
Committee had asked whether the Constitution of a congregation which permitted service of a woman as
president would be acceptable. In explaining its Constitution, the congregation had noted that it views
these positions as positions of service and not of authority. It further noted that pastoral functions relating
to church discipline and similar matters were placed in the hands of a committee which, by constitutional
stipulation, was composed entirely of men.
After reviewing the request, the Commission concluded that it could not in good conscience approve the
Constitution in view of resolutions adopted by the Synod in 1971, affirmed in 1981, and confirmed in
1983. It further noted that its opinion was based on these resolutions and on the voluntary agreement of
congregations as members of the Synod rather than on any other basis.
156. Nebraska Bylaws (Ag. 1731, A): After review, the Bylaws of the Nebraska District were approved as
not being in conflict with the Constitution and Bylaws of the Synod.
157. Iowa West Bylaws (Ag. 1660, A): After review, the Bylaws of the Iowa West District were
approved as not being in conflict with the Constitution and Bylaws of the Synod.
158. Michigan District Bylaws (Ag. 1757): After review, the Bylaws of the Michigan District were
approved as not being in conflict with the Constitution and Bylaws of the Synod.