LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — April 24, 1992, Page 2

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98. Method of Commission on Constitutional Matters Appointment (Ag. 1931) : The Commission had
previously considered the fact that a different procedure might be followed in appointing members to the
Commission on Constitutional Matters. Roland Hopmann had been asked to prepare a proposal regarding
an alternate method of appointment. This was now shared with the Commission on Constitutional Matters
and discussed briefly. Roland was asked to modify his recommendation on the basis of the discussion which
had occurred. The modified recommendation, which will be shared with the floor committee dealing with
this issue, is as follows:
WHEREAS, The mode of establishing the membership of the Commission on Constitutional Matters has
worked well; and
WHEREAS, Some members of the Synod or of its administrative structure have spoken against Bylaw
3.531 in recent years; and
WHEREAS, The closest possible approach to unanimity on the method(s) of selection to membership is
highly desirable for constituting a commission bearing such significant responsibility; therefore be it
Resolved , That the Secretary of the Synod continue to be a voting member of the Commission and its
secretary; and be it further
Resolved, That the candidates for the four appointive positions on the Commission on Constitutional
Matters be nominated only by the District Boards of Directors acting singly and be presented by them
through the office of the Secretary of the Synod to the Council of Presidents, which shall select five (5)
candidates for each vacant position and present them through the office of the Secretary of the Synod to
the President of the Synod; and be it further
Resolved, That the appointments to the Commission be made by the President of the Synod in
consultation with the Vice-Presidents of the Synod from the list presented by the Council of Presidents;
and be it further
Resolved, That the appointments to the Commission become effective upon ratification by the Council of
Presidents through a majority vote; and be it finally
Resolved, That vacancies on the Commission be filled by use of the procedures set forth above.
99. Interpretation of “Entity” -- Bylaw 2.41,d (Ag. 1932) : The President of the Missouri District had
asked for a definition of the term "entity" as it appears in Bylaw 2.41, d. The example which he gave was
that of a rostered pastor of another district who teaches at a high school in the Missouri District,
specifically, St. Louis, Missouri. The basic question was whether this rostered person was "subject to the
ecclesiastical supervision of the President of the geographical district in which the entity is located?"
After reviewing the bylaw, the Commission stated that the conclusion is obvious. This rostered person is
subject to the ecclesiastical supervision of the Missouri District. The question which was raised does not
require a more encompassing definition of entity. In the opinion of the Commission on Constitutional
Matters, the bylaw provides sufficient direction for matters involving supervision.
100. Response of Commission on Appeals on the Bruch Matter : Chairman Schnelz shared with
members of the Commission the response of Chairman Walter Dissen of the Commission on Appeals to a
question which had been posed by several pastors who asked whether charges could be brought directly to a
Commission on Adjudication when the Praesidium had concluded that it would not proceed or whether that
action of the Praesidium terminated the matter. The reply which had been given them appeared to indicate