LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — March 17-18, 1989, Page 3

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143. Zion, Auburn, Washington (Ag. 1780, 1822, A) :Through the Northwest District Committee on
Constitutional Matters, a request had been received for the Commission to respond to two issues. The first
was as follows: Whether it is improper for Rev. Carl Eggers not to be disqualified from sitting on the
Committee on Adjudication when in violation of Lutheran Church--Missouri Synod Constitution Bylaw
8.21, a conflict of interest was made apparent by presenting a letter sent by Rev. Carl Eggers to Joseph
Mason, one of the parties to the controversy?
In response the Commission determined to reply that at the outset it wished to make clear that the
Commission is not an adjudicative body but an interpretive body. With this in mind, it is correct to say
that Bylaw 8.21 does cover disqualification if a conflict of interest exists and 8.21 a clearly sets forth the
procedure for disqualification. A question of fact is a matter to be determined in accordance with
procedures established in 8.21 a, a matter which, as indicated above, is outside of the purview of the
Commission on Constitutional Matters.
A second issue which was posed was the following:
Whether, under the 1964 Zion Lutheran Church of Auburn's Constitution and Bylaws, its
constitution and bylaws were improperly revised when the appellants' voting privileges were
improperly and illegally suspended?
In response to this issue, the Commission determined to reply that it is clear that any constitution or
bylaws revised when the appellants' voting privileges were improperly and illegally suspended would be
an improper act. However, the question of fact is a matter to be determined by the district Commission on
Adjudication. The Commission would, however, call attention to a previous opinion which had been
issued on this matter in which it stated, "If the members were not excommunicated, as was stated, there
appears to be no constitutional reasons for suspending their voting membership." This opinion may be
helpful to the district Commission on Adjudication in carrying out its responsibility of determining fact.
144. Associate Membership (Ag. 1795, Min. 36) : A request had been received from a Rev. Herman
Mayer indicating that since retirement from his parish he and his wife had found it necessary to join a
neighboring congregation in the circuit while they were in their home area. At the same time, he was
serving as an assistant pastor, part-time, to his son at St. John's, Lawton, Oklahoma. He indicated that he
and his wife would like to actively associate themselves in membership with two parishes, St. John's, in
Fayettville, Arkansas, and St. John's in Lawton, Oklahoma. He asked whether this was possible according
to Synod's regulation.
Since this matter had previously been addressed by the Commission, it was agreed that the reply
previously provided to a similar inquiry should be forwarded. That reply stated that the Synod had never
recognized associate-membership in congregations but had recognized guest memberships. The
Commission further suggested that the congregation should prepare bylaws which cover the matter and
present these bylaws to a district Committee on Constitutional Matters for their review and opinion. It
further noted that while the Bylaws do not address this matter, neither does the polity of the Synod
address anything such as associate membership. In any situation such as this, the question of
responsibility for ministering to the spiritual needs of "guest members" over a longer period of time needs
to be addressed. Based on information which it had received, the Commission noted that the matter could
be presented to the Synod for consideration in the form of an overture offered for consideration at the
synodical convention in July.
145. Convention Matters : The Commission dealt briefly with arrangements for its involvement in the
convention including its presence at meetings of the floor committees May 19-22, 1989. Assignments
made were the following: Witness and Outreach - Schlecht; Congregational Ministries Schlecht;