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LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — November 30, 1998, Page 1
Source: LCMS Commission on Constitutional Matters minutes, file copy
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98-2132). Assignments were made to facilitate addressing these matters at the time of the Commission's
next meeting.
9. Recognition for Dr. Walter Rosin
During the course of the meeting, Chairman Walter Tesch presented a gift to Dr. Walter Rosin, former
Secretary of the Synod, in recognition of his many years of "faithful, dedicated, loyal service to the
Commission on Constitutional Matters and to The Lutheran Church-Missouri Synod."
10. Adjournment
Having completed its business, the meeting was closed with a prayer by Dr. Richard Schlecht.
Raymond L. Hartwig, Secretary
Minutes of the Commission on Constitutional Matters - November 30, 1998
11. Opening
Chairman Walter Tesch called the meeting via conference call to order and welcomed the Commission's
newest member, Dr. Albert Marcis. He called upon Rev. Gerhardt Bode for an opening prayer.
12. Appeal of CCM Ruling (98-2120)
In a September 24, 1998 letter, two pastors of the South Wisconsin District appealed a prior decision of the
CCM regarding a dispute resolution matter. As stated in their letter,
We are appealing the decision of the CCM that the thirteen members of the Synod who filed charges of
malfeasance against the South Wisconsin District Board of Directors have "no standing" in the case
involving the removal of Rev. Stephen Wiest from his office as Campus Pastor at University Lutheran
Chapel, Milwaukee. We are also asking the CCM to address themselves to the concerns that we raise in
our nine point rationale.
The Commission, without addressing each of the concerns raised in the letter, concludes that its earlier
decision is proper. The Commission agrees with the Praesidium of the Synod and its 1997 determination
that the Dispute Resolution Process be followed. The dispute is between the campus pastor and the District
Board of Directors. The action of the Board in removing the campus pastor, which has caused the thirteen
pastors to attempt to bring a charge of malfeasance, is an issue which, according to Bylaw 8.13, b, is to be
decided by a Dispute Resolution Panel if efforts by a reconciler are unsuccessful.
While the thirteen pastors are concerned that they have "no standing" in the case, their proper "standing"
will be as witnesses on behalf of the campus pastor, not as complainants in a separate action. If the thirteen
pastors were to proceed in a separate action, the issues to be resolved would basically be identical to those
to be decided in the complaint by the campus pastor against the District Board of Directors.
13. Questions Re the Role of the Praesidium in the Termination of Membership Process (98-2114, B)
A letter was received on November 9, 1998 describing a situation in which charges have been filed against
a District President under Article XIII of the Constitution. When the First Vice President failed to
investigate the charges within 90 days, the charges were forwarded to the Praesidium of the Synod
according to Bylaw 2.27, b. The Praesidium referred the matter back to the First Vice President, who has
now referred the matter back once again to the Praesidium, precipitating the following four questions.