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

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159. Michigan District Church Extension Fund (Ag. 1758): After review, the Michigan District Church
Extension Fund Bylaws were approved as not being in conflict with the Constitution and Bylaws of the
Synod.
160. Central Illinois Bylaws (Ag. 1760): Bylaws adopted at the recent Central Illinois District convention
were reviewed and were approved as not being in conflict with the Constitution and Bylaws of the Synod.
161. Lutheran Church--Missouri Synod Foundation Articles (Ag. 1616, A): The Secretary is to check to
determine whether the Articles and Bylaws reviewed by Judge Groh are those which are still the
governing instruments for the Foundation.
162. Minnesota South District Bylaws (Ag. 1643, A): The item is to remain in the docket. The Secretary
is to write the President of the Minnesota South District, requesting a copy of the Bylaws which may have
been adopted by the recent district convention. It is to be noted that until approval by the Commission on
Constitutional Matters, such Bylaws are not in effect.
163. Wyoming District Bylaws (Ag. 1657, A; 1662): This item is to be retained in the docket. The
President is to request a most recent copy of the district Bylaws.
164. Colorado District Bylaws (Ag. 1603): By action of the 1983 synodical convention, the Colorado
District became the Rocky Mountain District. The Secretary is to request a copy of the Bylaws for review
by the Commission.
165. Board of Directors' Authority and Responsibility (Ag. 1751, A,B): At its last meeting the
Commission had been asked to provide an opinion for the Board of Directors regarding its authority and
responsibility as it relates to continued funding of colleges which may not be financially viable,
specifically, St. John's College, Winfield, and St. Paul's College, Concordia. In the interim between that
meeting and the present meeting, a response had been prepared by Judge Schnelz, the Commission
members had individually read the response and agreed to it, and the response had been forwarded to the
Board of Directors. The Commission ratified the response which was supplied. A copy of it is attached to
the protocol copy of the minutes.
166. Interpretation of Bylaw 6.41 (Ag. 1752, A-E): A number of requests had been received from
professors at Concordia Theological Seminary, Fort Wayne, as well as the President of the Synod,
regarding the applicability of Bylaw 6.41 to the situation which exists at the seminary. The Board of
Regents proposed to apply Bylaw 6.41 to this matter, which would indicate that the decision of the Board
of Regents would be final and unappealable. Judge Schnelz had prepared a response to the requests which
was circulated to members of the Commission and was forwarded to the Board of Regents, stating that,
"It is both incorrect and inappropriate for the chairman of the Board of Regents to serve as a mediator in
this matter since, as a member of the Board of Regents, he is ultimately involved in the adjudication if
reconciliation is not achieved and such adjudication becomes necessary."
The opinion further noted that apart from the above, there is a fatal flaw in the use of Bylaw 6.41 with its
reference to controversies and disagreements as opposed to the language used in notification to the
professors dealing with the stating of complaints/charges which are terms used in Bylaw 6.47. The
Commission ratified the response which had been made.
167. Request for Opinions -- Secretary: The Secretary posed a number of questions which are frequently
confronted and indicated the answers which he gives to such questions. The opinion of the Commission
regarding the propriety of the answers was requested.