LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — MARCH 14, 1990, Page 1

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regarding the finality of the decision of the Commission on Appeals. The response given to him indicated
that since "no exceptions to the decision were taken and no request for a hearing was made or granted by
the Commission on Appeals, one might, therefore, conclude the decision of the Commission on Appeals
will be respected." The Commission decided to respond to the District President as follows:
You raised the question of whether a retired minister in "member emeritus" status, who
voluntarily ceased to be a communicant member of an LCMS member congregation, may seek
re-instatement to emeritus status through the synodical adjudicatory process.
Under Bylaw 2.17, an emeritus member continues in that status only so long as he remains a
communicant member of an LCMS member congregation. When he ceases to hold such
membership, his "member emeritus status" automatically ceases. The exclusive reinstatement
remedy in those circumstances is found in sections 2.31 and 2.33. Those sections vest in the
Council of Presidents the sole discretionary authority with regard to reinstatement into
membership in the Synod, it being noted, in Bylaw 2.31, that "there is no inherent right to
membership in the Synod."
This is to be distinguished from the situation where the propriety of an involuntary termination is
challenged. Recourse to the synodical adjudicatory process would be available in such a case.
32. Board of Regents-Executive Session (Ag. 1893) : President Reuben Garber of the Indiana District
had forwarded a communication received from the attorney for Dr. Robert Preus asking that copies of the
minutes of all meetings of the Board of Regents of Concordia Theological Seminary from January 1,
1989 to the present be provided. The request noted that it encompassed minutes taken of regular sessions,
executive sessions and meetings held by conference call. It further noted that the basis for the request is
the recent ruling of the Commission on Constitutional Matters to the effect that all such minutes are open.
The Commission noted that it had not made such a ruling, particularly with regard to executive sessions.
In response to a request received in April, 1989 the Commission had noted that on the basis of Bylaw
3.69,k, a copy of regular and special meetings is to be made available upon request. The Commission
noted that the section does contain a caveat with regard to executive sessions. It is the opinion of the
Commission that, while discussions leading up decisions make place in executive sessions and that such
discussion as recorded need not be released, no actual decisions can be made in executive sessions.
In further response to another request, the Commission had noted that when discussions take place
regarding personnel, salaries, contracts, etc., which are regarded as executive session matters, the Board
should specifically be declared to be an executive session. It further noted that the discussion which takes
place, not the action which is taken is privileged information. The responses which have been made to the
request- previously received are to be forwarded to President Garber.
33. Commission on Appeals Decision-Request for Review (Ag. 1893) : The Chairman had received a
request from an attorney involved in the matter of Wuebben versus Zion Lutheran Church of Bismarck
which requested the Commission on Constitutional Matters to review the decision of the Commission on
Appeals in that case. The Commission had also been made aware of the fact that a request had been
forwarded to the Commission on Appeals by both Zion Lutheran Church of Bismarck and the North
Dakota District President Reimnitz requesting a rehearing. In that request., the Commission on Appeals
was asked to secure opinions from the Commission on Constitutional Matters and the Commission on
Theology and Church Relations regarding certain bases which had been provided for the decision which
was reached. The Commission now agreed that the Chairman should contact the Chairman of the
Commission on Appeals informing him of the fact that the Commission on Constitutional Matters was
aware of the request for an opinion and was awaiting receipt of that request from the Commission on