LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — December 8, 1996, Page 1

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Bylaws, with a possible view to modifying them to deal with situations such as that which presently exists.
The response which the Secretary prepared and which was forwarded to the pastor lodging the protest is
attached to the minutes.
72. Removal from Roster by District President (Ag. 2051) : A District President had asked the
Commission on Constitutional Matters to provide an interpretation of Bylaw 2.15, with special reference to
the phrase, ". . . may be continued on the roster for a period not to exceed two years by act of the President
of the District . . ." The basic question is whether a District President, if he should decide not to retain a
candidate on the roster for the two year period, may remove that person by independent action or whether
he must implement Bylaw 2.27 Commencing an Action to Terminate Congregational or Individual
Membership.
Although it spent a major segment of time discussing the issues, the Commission was unable to reach a
conclusion. The matter will be retained on the agenda of the Commission for consideration at its next
meeting.
While discussing the matter, the Commission took note of the fact that there are objective criteria stated in
the Handbook for determining whether or not a member should be continued on candidate status. This could
eventually be determinative regarding the response to the question of the District President.
73. Adjournment: : At the request of Chairman Tesch, Dr. Richard Schlecht closed the meeting with
prayer.
Walter L. Rosin, Secretary

Minutes of the Commission on Constitutional Matters - December 8, 1996 - CDT Telephone
Conference
74. Opening: : Chairman Tesch called the meeting to order and asked Richard Schlecht to lead the
Commission in an opening prayer.
75. District President Vacancy (Ag. 2050) : At its previous meeting, the Commission considered a request
which had come from a member of the Minnesota North District, objecting to the fact that the Board of
Directors of the district had appointed the First Vice-President of the district to serve as Acting President,
following the vacancy created by the death of the District President. The objection was raised on the basis
of the fact that the Bylaws of the district require that the District President be a full-time position, and the
man serving as Acting President would not meet this qualification since he would be continuing to serve the
congregation to which he had been called. It was also pointed out that the Bylaws make no provision for an
Acting President. In a previous letter responding to the pastor who raised the objection, the Commission
had noted some of the difficulties involved, including the fact that it was not certain that it had the authority
to interpret the Bylaws of the district. It's only responsibility in respect to these Bylaws was that they are not
to be in conflict with the Constitution and Bylaws of the Synod.
After additional lengthy consideration, the Commission concluded that a decision on the matter is beyond
the authority of the Commission granted by the Bylaws of the Synod. The pastor raising the objection is to
be informed that it is the considered opinion of the Commission that the matter should be referred to the
Minnesota North District Committee on Constitutional Matters.