LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — September 29-30, 1989, Page 2

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policies under which the responsibility is being carried out being developed by those boards and
incorporated into policy or procedure or operational manuals. It has been the assumption that the Board
for Higher Education Policies Manual was available to each college or seminary president. It was also
noted that the recent convention had failed to adopt an alternate method for amending bylaws, while at the
same time it had adopted some resolutions which require bylaw changes without actually amending those
bylaws. The CCM was once again faced with the problem of carrying out its responsibility under Bylaw
3.533,c or simply ignoring that stipulation.
While agreeing with the response that had been provided, the Commission asked that further clarification
be forwarded. They noted that pursuant to its authority, the Commission had implemented the action of
the synodical convention in 1986 in order to bring the bylaws into harmony with resolutions adopted by
the Synod in convention. The Commission agrees that while this may not be a desirable procedure as the
letter of Dr. Barth suggested, it is a task that is thrust upon the Commission by Bylaw 3.533, when the
floor committee fails to present the language of the bylaw changes to the convention as is required by
Bylaw 15.01. The attempt of the Commission on Constitutional Matters to at least share this serious
responsibility with an elected body was, as is known, defeated at the recent synodical convention by the
declining of Resolution 5-05.
The Commission also stated its belief that this entire matter should receive further consideration,
including consideration of such things as a "delay clause" if certain matters are transferred from bylaw to
policy status.
6. Board of Regents' Authority - Honorable Retirement (Ag. 1870, 1871) : At meetings held during
the synodical convention, the Commission on Constitutional Matters had ruled that the Board of Regents
of Concordia Theological Seminary, Fort Wayne, had authority to honorably retire its president on the
basis of policy statements in the Handbook of the Board for Higher Education Services and the Board of
Regents of the seminary. The Commission had received correspondence relative to this decision,
questioning it and asking the Commission on Constitutional Matters to reconsider its ruling. The
Commission did so, but concluded that its original decision was correct. A letter incorporating that
opinion is to be prepared by the chairman of the Commission for forwarding to those who made inquiry
and requested the reconsideration.
7. Commission Membership Eligibility - Parish Pastor (Ag. 1872) : The Commission had received the
request from the Executive Committee of the Commission on Theology and Church Relations to provide
an opinion regarding continued eligibility of a member to serve on that commission. It was noted that the
member had been elected by the 1986 convention as a "parish pastor" (Bylaw 3.951), but since that time
had retired, was classified as an ordained minister emeritus and was no longer serving as a called pastor
of a congregation, although he was doing considerable pastoral work on a contract basis. In view of this
the committee had asked, "Is he eligible to continue serving on the Commission (CTCR)?" The
Commission was also aware of the fact that an emeritus pastor proposed for consideration for election to
the CTCR at the 1989 convention had been declared ineligible. It was understood that he did not meet the
requirement of parish pastor. The Commission decided to respond as follows:
In discussing the issues, the CCM concluded that two questions had been posed:
1) Does the category "emeritus ordained minister" meet the bylaw requirement of "parish
pastor?"
2) If it does not, does a member who was elected to a board or commission as a "parish pastor"
but in the course of his term of service becomes an "emeritus" pastor then become ineligible