LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — November 4-5, 1994, Page 1

Transcription machine transcription, uncorrected

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89. Adjournment : Time for the meeting having elapsed, the meeting was declared adjourned. Earlier in
the meeting, at the opening of its second session, Reverend Hopmann had led the Commission in a brief
devotion based upon Psalm 96.
Walter L. Rosin, Secretary

Minutes of the Commission on Constitutional Matters - November 4-5, 1994
90. Opening : Chairman Groh called the meeting to order and asked Roland Hopmann to lead the group in
prayer as it began its meeting.
91. Constitutionality of District Resolution (Ag. 1986) : At its District convention, the Missouri District
had adopted a resolution asking Trinity Lutheran Church of New Haven, Missouri to request the Missouri
District President and Dr. Barry, President of the Synod, to appoint a committee to do certain things with
respect to investigating the actions involved in failing to grant certification to Herman Otten for
membership on the clergy roster of The Lutheran Church-Missouri Synod. The President of the district had
asked whether the resolution was "out of order since it may conflict with what the Synod has ruled in 1965
that the Herman Otten case was closed." Further, the question was asked whether the district had any
authority to do something which appeared to lie in the area of synodical authority.
After considering the issues involved, the Commission decided to respond as follows:
The Commission would note that the following bylaw has direct application to the questions which you
posed. It states:
4.07 Relationship between the Synod and Districts
a. The Synod is not merely an advisory body in relation to a District. A District is the Synod itself
performing the functions of the Synod. Resolutions of the Synod are binding on the Districts.
b. The Constitution of the Synod is also the constitution of each District. The Bylaws of the Synod
shall be primarily the bylaws of the District. A District may adopt additional bylaws, regulations, and
resolutions necessary or proper for its own administration or for effectively carrying on the work of the
Synod. Such bylaws, regulations, and resolutions shall not conflict with the Constitution and Bylaws of
the Synod.
92. Bylaws of California-Nevada-Hawaii District (Ag. 1987) : The Bylaws of the California-NevadaHawaii District as adopted at its 1994 district convention had been forwarded to the Commission for
review, comment, and/or approval. The Secretary had reviewed the Bylaws and had shared his reactions
with the Commission. The Commission forwarded the following response to the request for review to the
District President. It stated that:
1. The Commission assumes that it is to be understood that the Mission Statement is an emphasis and
does not negate other areas of mission which are designated in the Constitution of the Synod,
especially Article III.
2. A nit-pick. In Article II, "of the same" appears to be redundant. It is obviously not unconstitutional or
in conflict with the Bylaws of the Synod.