LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — December 13, 1985, Page 1

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177. Foundation Bylaws (Ag. 1616): Lutheran Church--Missouri Synod Foundation Bylaws were
reviewed earlier by Judge Groh. At the time, a question existed as to whether these were the most recent
Foundation Bylaws. Since it has been determined that they are, the item is now to be removed from the
agenda.
178. Minnesota South District Bylaws (Ag. 1643): The Secretary is to write to President Cloeter of
the Minnesota South District, requesting the latest copy of the Minnesota South District Bylaws. The item
will remain on the agenda.
179. Wyoming District Bylaws (Ag. 1657): The Secretary is to write to President Sohns,
requesting a highlighted copy of the Bylaws, indicating changes which were made at the district
convention. A copy of these is to be sent directly to Judge Groh.
180. General Policy: The Secretary is to request all district presidents, when forwarding new
Bylaws, to highlight those changes which were made.
181. Missouri District Bylaws (Ag. 1737): The Secretary reported that he had reviewed changes
made in the Missouri District Bylaws as a result of district action which took into account suggestions
made by the Commission on Constitutional Matters. He reported that the Bylaws contained nothing which
is contrary to the Constitution and Bylaws of the Synod. The Commission received the report and agreed
to remove the item from the agenda.
182. Bylaw 6.41 (Ag. 1752, F): The Secretary had written to Professor Wilbert at Concordia
Theological Seminary, Fort Wayne, indicating that an incident which could result in the loss of a position
on the faculty at the seminary would not fall under Bylaw 6.41, which deals with controversies and
disagreements between faculty members. The Commission ratified the response of the Secretary. This
item is to be removed from the agenda.
183. Pruefer Matter (Ag. 1711): Judge Schnelz was to write to Pastor Pruefer, highlighting
previous actions of the Commission relating to hisrequest. After further investigation, Judge Schnelz
expressed the opinion that it might not be wise to respond at this time since Pastor Pruefer had clearly
been informed of the procedure which should be followed in expressing his disagreement regarding the
colloquization and call of Pastor Bischoff. The Commission agreed with the opinion of the chairman and
resolved to remove the item from the agenda.
184. Constitutional ity of Appeals Procedure--Paul Welk (Ag. 1761, A): Paul Welk had written to
the Commission on Constitutional Matters, stating that in his view the Commission had not responded
properly to his previous request. Since he had now presented his request in a form to which the
Commission could respond, the Commission agreed to provide an answer. In response to the question:
"Whether the President of Synod under certain conditions can be deemed party to a case in the process of
adjudication and appeal," the Commission stated that under certain conditions the President could be
deemed party to a case where he brings the charge. However,. this does not disqualify him since Bylaw
8.21 refers only to members of the Commission on Adjudication or Commission on Appeals who are
parties to a case. The President is not a member of either commission, and therefore would not be
disqualified as a witness even though he would be party to a case. In response to the second question:
"Whether the Commission on Appeals can deny someone his right granted by Bylaw 8.21, a," the
Commission simply responds "no."
185. Clarification of Voting Rights in a Multiple Parish (Ag. 1763): The South Wisconsin District
had written regarding the need for clarification of voting rights in a multiple parish. It also suggested that