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LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — July 23, 1997, Page 4
Source: LCMS Commission on Constitutional Matters minutes, file copy
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Transcription machine transcription, uncorrected
The Board of Directors had received proposals for elimination of the conflict and had resolved to forward
the following resolution as an overture to the 1998 convention.
Resolved, That the Board recommend to the convention that Bylaw 15.01, d, be amended to read as
follows:
d. examine by the Commission on Constitutional Matters prior to presentation to the convention
to determine that they are not in conflict with the Constitution and Bylaws of the Synod;
and be it further
Resolved, That a special standing rule be proposed which states:
The Chair shall require written or oral certification that proposed constitutional or bylaw
amendments have been examined by the Commission on Constitutional Matters and found not
to be in conflict with the Constitution and Bylaws of the Synod.
Individual comments received from the members of the Commission on Constitutional Matters indicated
that they supported the proposed action and found it to be not in conflict with the Constitution and Bylaws
of the Synod.
2. Conflict Resolution Procedures (Ag. 2084, B): A pastor had posed a number of questions to the
Commission on Constitutional Matters regarding procedure in conflict resolution. The Commission had
previously received a request from the pastor and had responded to it on July 6, 1997, with respect to
procedures to be followed in conflict resolution. A number of other questions were now placed before the
Commission on Constitutional Matters. It was understood that the matter was now being dealt with through
the dispute resolution procedure identified in Bylaw 2.27 and Chapter VIII of the Handbook. In responding
to the questions which had now been addressed to the Commission, the Commission responded as follows:
The Commission on Constitutional Matters, in adopting the attached opinion which you have already
received, believes that it has answered the questions contained in your first letter of July 27, 1997. The
point is made that the congregation does not lose its voting rights, even though suspended, for any
reason. They are only forfeited when a congregation is removed from membership.
Copies of the opinions the Commission on Constitutional Matters adopted between 1992 and 1995 are
included on pages 319-332 of the 1995 Convention Workbook. Opinions issued since 1992 were sent to
you on August 1.
With respect to the questions posed in the second letter of July 27, 1997, the Commission on
Constitutional Matters has concluded that these relate to proceedings before the Dispute Resolution
Panel and should be addressed to that panel. The Commission assumes that you have retained a copy of
them. If necessary, that panel can forward them to the Commission on Constitutional Matters as
provided for in Bylaw 8.21, i.
3. South Wisconsin District Bylaw Amendment (Ag. 2058, A): Proposed Bylaws of the South Wisconsin
District had been dealt with by the Commission previously. It now, however, received notification that at
the convention a change to the current Bylaws was adopted. The resolution which was adopted stated:
Resolved, That the South Wisconsin District in convention amend Bylaw E. 1.45 concerning function of
the CCM by adding "item e," which would allow "the CCM to interpret and give opinions in regard to