LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — February 22-23, 1991, Page 4

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The determining factor, therefore, is based upon the requirements and responsibilities of the vice
presidential position. If distinguishable in these areas, they are not cumulative. If they are
indistinguishable, they are to be considered cumulative.
In order to eliminate questions regarding eligibility of persons holding vice presidential positions, the
Commission would encourage districts to clarify the issues involved in their own bylaws.
59. Loyal Lutheran Incorporation (Ag. 1910): President Bauer of the Northwest District had enclosed
a statement regarding re-incorporation of the Loyal Lutheran within the Northwest District. The statement
regarding the incorporation indicated among other things that the organization, "shall provide
information, support, and counsel to the laity and pastors of The Lutheran Church--Missouri Synod and
especially to orthodox congregations of the Northwest District." It further stated that, "a more
independent role apart from a sponsoring congregation is envisioned for the future Loyal Lutheran
Association as an agency which may transmit mission funds to orthodox congregations and mission
endeavors in the Northwest and abroad." The question was asked whether these statements did not
identify the organization as essentially another district, and if so, whether this was not a violation of
synodical Bylaws and, if it was in violation, was there a way in which protest might be registered either
through the board of directors of the district or from the synodical level.
In response, the Secretary noted that President Bauer was not requesting an opinion from the Commission
on Constitutional Matters. Nevertheless, the question would be shared with them. In response to the
personal opinion requested by President Bauer, the Secretary had indicated that, in his opinion, the points
which had been identified were valid. Also included with the response to the president was an opinion
regarding dissenting groups provided by the Commission on Constitutional Matters in 1973.
The Commission indicated that it believed the response which had been provided was adequate.
60. Publicity to Cases in Adjudication (Ag. 1911) : A party bringing a case against a faculty member
and clergy roster member currently employed by one of the Synod's colleges stated that considerable
publicity had been given the case by the college president and his district president, in his opinion. The
question which he asked on the basis of 8.51,m was
Is it therefore improper for a college or district president who is involved in the judgment of a case to
give details of the case to college newspapers or to synodical publications?
In replying to the question which had been posed, the Commission decided to respond as follows:
The Commission notes that on the basis of the second paragraph of the letter containing the request
for an opinion, there is no case pending. Therefore, Bylaw 8.51,m does not apply. The inquiry states
that the person is "presently involved in bringing a case."
Furthermore, the Commission would call attention to the statement of sentence 1 of 8.51,m. The
Commission is neither in a position to nor is it responsible for determining whether the college
president and the district president are party to the case or whether they have, in fact, given
considerable publicity to the issue. The Commission would also note that there are no bylaws
governing the adjudicatory body, in this case, the board of regents. The bylaw states that a violation
by the party may place the party's standing in jeopardy, not the standing of the adjudicative body.
61. Eligibility for Nomination for Office While in Adjudication (Ag. 1912): The chairman of the
Commission on Adjudication of the California- Nevada-Hawaii District had stated that a pastor was