LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — May 6, 1988, Page 5

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need to be in closer contact with each other, particularly when there is a possibility of one being involved
in a matter which is before the other group. It was also suggested that the Commission on Appeals might,
as a matter of course, in each instance before it considers a case, ask the Commission on Constitutional
Matters whether it believes that there is a constitutional issue which might be involved. The Commission
on Appeals also indicated that it felt that an answer must be given to the question, "When does the right to
request an opinion of the CCM arise for a person in the adjudicating process? How long does it
continue?" It was suggested that all parties coming before the Commission on Appeals as well as
Commission on Adjudication should be advised of their right to request opinions from the Commission
on Constitutional Matters or the Commission on Theology and Church Relations. Conflicting opinions
exist regarding the points at which these opinions may be requested with some believing that that right
existed throughout the adjudicatory and appeal process while others felt that the right should be limited.
Discussion also indicated that it would be wise for each of the commissions to ask whether a question
which is presented to it has been or is before any other commission.
At the conclusion of the meeting, it was agreed that Chairmen Dissen and Schnelz would review the
Bylaws and would seek to provide a solution to some of the issues which had been raised. The proposals
would be shared with each of the commissions and with the Commission on Structure with the intent that
proposals for modification of the Bylaws would be brought to the 1989 convention of the Synod.
110. Interpretation of Bylaw 6.43 and Bylaw 8.51 (f) (Ag. 1840) : A request had been received from
the President of Concordia College, Seward, asking that the Commission interpret Bylaw 6.43 as it relates
to the dismissal of tenured faculty members when the fiscal solvency of an institution is involved. The
request for the interpretation of Bylaw 8.51 revolved around the decision of the Commission on Appeals
not to honor the request of the college to seek an opinion of the Commission on Constitutional Matters on
this issue when the
bylaw indicates that the Commission on Appeals "shall" do so at the request of either party to the case.
This matter had also been briefly discussed in the joint meeting with the Commission on Appeals. Since
the Commission on-Appeals has not yet taken final action on the matter, the Commission decided to
respond as follows:
Having reviewed your communications as well as communicating with the Commission on
Appeals, the Commission on Constitutional Matters is reserving consideration of your request
until such time as the Commission on Appeals has rendered its decision.
111. Election Procedures (Ag. 1839) : A request had been received for the Commission on
Constitutional Matters to render an opinion as to whether or not the involvement of a seminary president
or board members in the development of election lists was a violation of Article XI, 1 dealing with the
rights and duties of officers. The article states that, "The officers of the Synod must assume only such
rights as have been expressedly conferred upon them by the Synod ..." The question is whether the
preparation of election lists is the assumption of a right which has not been granted to officers by the
Synod. The Commission discussed the matter briefly, including consideration of the question of whether
this was really a constitutional matter. No final conclusion was reached.
112. Adjournment : The Commission adjourned its meeting after having established September 9-10,
1988, as the date for its next meeting in Madison, Wisconsin.
Walter L. Rosin, Secretary
It is recommended that the Board for Parish Services consider adoption of the statement made below.
This statement is being made because Dr. Bohlmann, the President of the LC-MS, believes that in a report
given by two members of the Board for Parish Services on May 29, 1986 to the Board of Directors