LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — May 6, 1988, Page 1

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101. Miscellaneous Matters : Chairman Schnelz reported that he had received a questionnaire from the
Commission on Structure regarding the desirability of regionalization in the Synod for various purposes.
The Commission agreed with his conclusion that regionalization would not be appropriate for the
Commission on Constitutional Matters. It was also reported that representatives of Calvary Lutheran
Chapel in Madison, Wisconsin, had been meeting with district officials to resolve differences involving
the constitution of Calvary. The Commission had responded to questions on these matters on several
previous occasions. It was also reported that an apology had been received from the Board for-Parish
Services for offense which had been given by several members prior to the 1986 convention when, in a
report to the Board of Directors of the Synod, the integrity of the Commission had apparently been
questioned. The chairman of the Commission will acknowledge receipt of the apology and its acceptance.
102. Joint Meeting with Commission on Appeals : Chairman Schnelz announced the arrangements
which had been made for a joint meeting with the Commission on Appeals later in the day. The
Commission on Appeals had requested the joint meeting primarily because of the decision of the
Commission on Constitutional Matters to agree with the minority opinion of the Commission on Appeals
in a case involving a pastor in Oklahoma. The majority of the. Commission on Appeals had agreed that
the District Commission on Adjudication had the authority to hear the case although no charges had been
brought by the president of the district. In discussing the issues which would undoubtedly be under
consideration in the joint meeting, the Commission focused its discussion of the term "jurisdiction" as
found in Bylaw 8.37. Discussion revolved around the question of whether the term should be interpreted
in a broad sense or a narrow sense, the latter providing the Commission on Appeals with only the
authority to determine whether a District Commission on Adjudication or the synodical Commission on
Adjudication would have jurisdiction in any given case. No specific conclusion was reached. It was
pointed out, however, that the three preceding bylaws specifically referred to jurisdiction of a District
Commission on Adjudication, venue, and jurisdiction of the synodical Commission on Adjudication.
103. Convention Nominations Committee - Membership : The chairman of the Committee for
Convention Nominations had requested an opinion regarding the continued eligibility for the Committee
for Convention Nominations of a person who had been elected at the 1986 convention as a district
president member of the committee but who in a recent district convention had not been reelected. After
consultation with several members of the Commission on Constitutional Matters, the Secretary had
provided an opinion which stated:
It is the opinion of the Commission on Constitutional Matters that when the revised Bylaws were
approved, the situation which has developed and is identified above was not contemplated, and no
provision was made to cover it or similar circumstances. Consequently, the district president, who
was duly elected by the delegates, may continue to serve and to carry out the assignment given to
him by his election, although the position of district president is no longer held by him.
The entire Commission ratified the response which had been provided
104. Voting Eligibility and Conditions of Membership (Ag. 1835) : The Commission had been asked
to respond to two questions regarding the eligibility of pastors to vote in district conventions. The specific
questions asked were:
1. If a pastor is an emeritus and serves a congregation, is he allowed to vote during a district
convention as a voting delegate representing that congregation?
2. If a pastor is called by the district and serves a congregation but the congregation has not
called him, is the pastor allowed to be a voting delegate to a district convention?