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LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — October 26, 2000, Page 1

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Source: LCMS Commission on Constitutional Matters minutes, file copy

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A copy of the letter from the Secretary of Iowa District West and the bylaw changes proposed to the
District convention were provided to the Commission. A draft of a proposed opinion will be prepared for
discussion at the next meeting.
166. Report of the Commission on Structure (00-2206)
Copies of the preliminary report of the Commission on Structure were provided to the Commission for
examination and comment. Chairman Tesch asked Albert Marcis to organize the Commission’s approach
to this task.
167. Adjournment
With all current business addressed, the meeting was closed with prayer.
Raymond L. Hartwig, Secretary
MINUTES
COMMISSION ON CONSTITUTIONAL MATTERS
October 26, 2000
168. Call to Order and Prayer
Chairman Walter Tesch called the conference call meeting to order and asked Albert Marcis to open the
meeting with a prayer.
169. Question Re the Right to Extend Calls (2193A)
The Department of School Ministry of the Synod and a District President, in letters dated March 10 and
April 10, 2000, submitted questions relating to association schools, Recognized Service Organization
(RSO) status for such schools, and the calling of workers by these and other RSOs. After discussion of a
proposed draft, the Commission agreed that another draft be prepared incorporating the discussion of this
meeting.

170. Questions Re the Requirements of Bylaw 6.47 for a Board of Regents of a Synodical
School (00-2199, 00-2200)
Related questions were received in a May 1, 2000 letter from the President of the Synod and a May 5,
2000 letter from the Chairman of the Board of Regents of a synodical school regarding the requirements
of Bylaw 6.47 when complaints are received against a faculty member or school administrator.
In his letter to the Commission, the President of the Synod explained his decision to “call up for review”
an action of a Board of Regents which he believed to be “in violation of the Constitution, Bylaws, and
resolutions of the Synod” in keeping with the authority provided to him by Bylaw 3.101, B, 5. The Board
of Regents had declined to reverse a decision it had previously made not to receive a complaint brought
forward by an individual against an administrator of their school, citing as a basis for their decision a
recent ruling of the Commission on Constitutional Matters. The President in his letter questioned whether
said ruling “gives the board of regents the right to disregard the procedures clearly required by Bylaw
6.47” and asked for further clarification from the Commission (question 1 below).
In his letter to the Commission, the Chairman of the Board of Regents noted that the complainant had
accepted neither the ruling of the Board of Regents regarding his complaint nor the applicability of the
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