LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — November 6-7, 1987, Page 3

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The termination of a congregation or individual membership in the Synod is a matter of the utmost
gravity requiring great safeguards. In short, the Bylaws interpose the discretionary judgment of the district
president and the synodical president as a condition precedent to the prosecution of such a preceding
before the Commission on Adjudication.
71. Commission on Appeals Ruling, Kromphardt-Hader (Ag. 1820) : The Commission was in receipt
of an order from the Commission on Appeals relative to the request of President Arnold E. Kromphardt of
the Eastern District that the Commission on Appeals seek a ruling from the Commission on Constitutional
Matters relative to the applicability of Bylaw 5.49 of the 1983 Handbook of the Synod. In its order, the
Commission on Appeals had denied the request for failure to comply with section G of the Rules of
Procedures and because the pertinency of a ruling by the CCM had not been demonstrated because the
briefs had not as yet been filed by the involved parties. The Commission on Constitutional Matters
received this as a matter of information and took no action noting, however, that it is concerned that the
bylaws state that when a request is made for an advisory opinion of the Commission on Constitutional
Matters, that request "shall" be forwarded.
72. Campus Ministry, CNH District (Ag. 1808,B,C) : No response had been received to the request of
the Commission for clarification of the situation involved by the Board of Directors of the district. This
matter is to be retained in the docket.
73. Northwest District Committee on Constitutional Matters (Ag. 1810,a,b; Minutes 53) : The
chairman of the Northwest Committee on Constitutional Matters had responded to the Commission's
statement of concern regarding directions provided to congregations of that district relative to the position
which women may hold in congregations. The Secretary had provided a response expressing appreciation
for much of the work which had been done by the district committee, but which also pointed out that the
Commission on Constitutional Matters is bound by the resolutions of the Synod which state its position
on these matters. Documents prepared by the Commission on Theology and Church Relations are
documents which the Synod receives for study and guidance and are not in any way controlling unless the
Synod, by formal resolution, modifies its position. It was further suggested that if modifications were
desired, the Northwest District might petition the Synod in convention to make such modifications. The
Commission ratified the response of the Secretary.
74. Bylaw 2.27 f (Ag. 1812,A) : At its recent meeting, the Council of Presidents, by formal action,
adopted a resolution expressing its understanding of the intention of Bylaw 2.27 f. It stated that its
understanding was that the first phrase of the bylaw was meant to be a clarification of the term "fails to
act." The Commission considered the request for reconsideration and concluded that while it may have
been the intention of the Council to merely clarify the term, the Commission must deal with the issue of
whether the intention determines the interpretation. The Commission concluded that it could not rule on
the basis of intention but rather must base its decision on the actual wording of the bylaw. It therefore
reaffirmed its opinion that Bylaw 2.27 f provides for appeal to the President of the Synod in either of two
cases, namely, when a district president fails to commence an action to terminate membership or when a
president of a district neither suspends nor declines to suspend a member within 60 days of receipt of a
complaint.
75. Regional Vice Presidents : The Michigan District had requested a ruling regarding the possible need
for replacing vice presidents in a district which elects officers regionally when one of the vice presidents
accepts a call to a region other than that from which he was elected. The Bylaws of the district provide for
the fact that district board members who move inter-regionally may complete their term of office. It also
states, that "a vacancy in the office of the vice president shall be filled by the Board of Directors for the
region which has no vice president. The person appointed shall serve until the next district convention."
Following discussion, the Commission concluded that the bylaw relating to members of a board does not