LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — March 13, 1992, Page 1

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could be ended at the end of the first sentence.
2.

In Bylaw 8.07,d, there should be a statement regarding the specific basis for the request, identifying
the doctrine or practice with which the decision is in conflict.

2.

There should be a requirement somewhere for a similar provision to be included in congregational
constitutions that they will follow arbitration or conflict resolution procedures. Perhaps a resolution to
this effect should be proposed.

2.

The following should be added to 8.51,O, "If a question of doctrinal practice is involved, the
President may request a rehearing. Such request shall be accompanied by a written memorandum
stating the specific basis for the request, identifying the doctrinal practice with which the decision is
in conflict."

84. Adjournment : The Commission concluded its meeting with the blessing of the Lord. The next
meeting is scheduled for the evening of April 24 and April 25, 1992.
Walter L. Rosin, Secretary

Minutes of the Commission on Constitutional Matters
Telephone Conference March 13, 1992, 6:00 PM
85. Opening Prayer : At the request of Chairman Schnelz, Roland Hopmann opened the meeting with the
prayer asking for God's guidance and blessing in dealing with the issues which would come before the
Commission.
86. Publicity in Adjudication - Bylaw 8.51,m (Ag. 1927) : Writing for the Peninsula Circuit Forum of the
California-Nevada-Hawaii District, Rev. Martin Taddey had asked the Commission on Constitutional
Matters to rule on the question:
Is it a violation of the Constitution and a violation of the Bylaws of The Lutheran Church--Missouri
Synod for a Board of Regents to ask for nominations to the office of president of a seminary when the
forced retirement of the current president is in appeal?
In response, the Commission notes that Bylaw 8.51,m states that "While a case is still undecided or while
an appeal is contemplated or pending, publicity shall not be given to the issues in the case by any party to
the case." The Commission especially notes the words, "issues in the case," and concludes that the call for
nominations is not a violation of the bylaws since it does not comment on a matter in controversy and does
not comment on the issues involved. As Bylaw 6.11,a states, "As soon as an impending vacancy in the
office is known, the Board of Regents, with prior consent of the Board for Higher Education Service, shall
issue in an official periodical of the Synod a call for the nomination of candidates for the presidency of the
institution." If it believes that an impending vacancy exists, the Board of Regents has a duty to proceed. The
mere announcement inviting nominations is not a comment on issues in a case under appeal and therefore is
not a violation of the bylaw.
87. Seating of Convention Delegates (Ag. 1928) : The Montana District, at its convention, had considered
a resolution stating