LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — March 21, 1986, Page 3

Transcription machine transcription, uncorrected

⤓ Download .txt · copy text

written request of a member... An opinion rendered by the Commission shall be binding on the
question decided unless and until it is over-ruled by a synodical convention."
With regard to the applicability of Bylaw 8.41, f, to the present situation, the Commission is of
the opinion that it is not applicable. The matter under consideration is not a matter of suspension
or expulsion from membership in the Synod. It appears that the Chairman of the Commission on
Appeals has misunderstood the situation as it is presented to us. An opinion should not have been
offered and questions regarding the matter should have been referred to the Commission on
Constitutional Matters.
Furthermore, the Commission would call attention to Bylaw 8.01 which specifies the purpose of
Bylaws found in Chapter 8. It notes especially the phrase that, "these provisions are made
available with the expectation that through them and otherwise every effort shall be made to
effect reconciliation in all cases of disagreement, accusation, or controversy in which all parties
fall within the following classifications: (1) Members of the Synod (congregation,
pastor, teacher)
It appears that the action of the District President in presenting the matter to the District Commission on
Adjudication was intended to bring about that reconciliation which is called for by the Bylaws.
207. Authority of Standing Committee on Pastoral Colloquy (Ag. 1772) : The Clergy Call and Roster
Committee had asked the Commission on Constitutional Matters to express an opinion regarding the
authority of the Standing Committee on Pastoral Colloquy to eliminate or reduce certain requirements for
resident training and vicarage of colloquy students. In reviewing the matter, the Commission noted that
there is an ambiguity in the Bylaws since Bylaw 5.81, a, contains a specific reference as to requirements
and Bylaw 5.81, d, allows the committee to, waive such requirements.
After reviewing the matter, the Commission concluded that based on Bylaw 5.81, d, the Standing
Committee on Pastoral Colloquy has the authority to reduce both resident training and vicarage
requirements. (The question is arising because of the possibility of a number of pastors wishing to transfer
to the clergy roster of The Lutheran Church--Missouri Synod when the new Lutheran Church is formed.)
In stating its opinion, the Commission, however, also wished to stress two matters:
1) It should be noted that the authority referred to in Bylaw 5.81, d, is limited to "exceptional
cases." Such exceptional nature of a case should be amply demonstrated.
2) The Commission further notes that the decision regarding reduction of resident training and
vicarage requirements is that of the committee and not that of an individual member of the
committee to which the committee perfunctorily consents.
Because of the ambiguity involved, the Commission believes the entire matter should be reviewed and the
Bylaws be revised to provide clarity.
208. Constitution of Holy Spirit Lutheran Church (Ag. 1773) : Rev. Walter Holzheimer, Chairman of
the Advisory Council for Constitution and Bylaws of the Florida-Georgia District had asked the
Commission to provide an unofficial opinion regarding the Constitution of Holy Spirit Lutheran Church.
The proposed Constitution departs radically from any constitutions which normally govern congregations
in The Lutheran Church--Missouri Synod.