Collection › LCMS Commission on Constitutional Matters — Minutes (St. Louis, Missouri) › 1985–1989 › Page 4
LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — January 9-10, 1987, Page 4
Source: LCMS Commission on Constitutional Matters minutes, file copy
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27. Standing Committee Eligibility (Ag. 1801) : A question had been raised as to whether membership
on a standing committee was an office to which the restrictions of Bylaw 2.73 applied. In response to this
question, the Commission concluded that by definition in Bylaw 2.71, officers, boards, and commissions
are accountable to the Synod. Members of standing committees are accountable not to the Synod but to
the board which has appointed them and under which they serve. Consequently, members of standing
committees are not subject to the restrictions of Bylaw 2.73. Nevertheless, the Commission expressed its
belief that the talents of all members of the Synod should be used to the greatest degree possible. In view
of this, the number of positions held by single individuals should be kept to a minimum.
28. President's Defense of Office (Ag. 1803) : The President of the Synod had shared several letters
which had been written and widely circulated by a member of the Board of Regents of Concordia
Theological Seminary, Ft. Wayne, containing some inaccuracies and extremely critical of the President's
conduct of his office. The Commission had been requested to review the Bylaws of the Synod to
determine what avenues', if any, were available to the President to defend himself and his office against
unwarranted attacks.
In response to this request, the Commission reviewed the Bylaws of the Synod and concluded that
provisions found in Article XI, B, 2 and 3 of the Constitution provide the only clearly possible avenue
available. These provisions of the Constitution provide the President with the power to advise, admonish,
and reprove, and, if admonition is not heeded, to report such cases to the Synod. The Commission is of
the opinion that the Synod should be informed of failure to heed admonition and the continuation of
unwarranted attacks, particularly those on the office of the President.
29. 1986 Handbook (Ag. 1790) : Members of the Commission had received galleys of the 1986
Handbook of the Synod and had reviewed them. The Handbook was approved for printing and
distribution to the Synod.
30. Authority of Commission on Appeals (Ag. 1805) : A question had been raised with regard to the
authority of the Commission on Appeals to deal with an appeal received from a member of a faculty. The
question was raised because Bylaw 8.31 states that, "The Commission on Appeals shall handle only
appeals of decisions of Commissions on Adjudication."
In response to the question, it was noted that Bylaw 6.51 provides for an exception. It states that, "The
normal appeals procedure set forth in Chapter VIII of the Bylaws shall apply with respect to cases under
Bylaw 6.43, 6.45, 6.47, and 6.49 with the provision that if the case has been handled by the Board of
Regents (Bylaw 6.47) and not by the ecclesiastical authorities (Bylaw 6.49), the Commission on
Adjudication shall be bypassed, not withstanding the provisions of Chapter VIII of the Bylaws, and the
case shall go directly to the Commission on Appeals." Consequently, the Commission on Appeals had
jurisdiction in the case under question since it had been handled by an action of the Board of Regents
rather than an ecclesiastical authority.
In reviewing the opinion of the Commission on Appeals which had been provided in the case under
question, the Commission expressed concern regarding several statements which were made and asked
the chairman of the Commission to consult with the chairman of the Commission on Appeals regarding
the possibility of and concern for potential conflict.
31. Church of All Nations, Hong Kong (Ag. 1797) : The Church of All Nations, Hong Kong, had
requested membership in the Synod through the Northwest District. It was the understanding of the
Northwest District that with the change in Bylaws adopted at the 1986 convention, the Northwest District
Board of Directors could accept the congregation into membership. The request to receive that