LCMS Convention Workbook St. Louis, Missouri — 1973, Page 202

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202 CONSTITUTIONAL MATTERS

Dr. Oliver Harms and Dr. J. A. O. Preus. The commission
came to the conclusion that practically all who had sub-
mitted studies were agreed that the synodical President did
indeed have extensive authority, that in all probability such
authority needed to reside in that office, and that the man-
ner and extent to which this authority is exercised depends
to a great extent upon the personality and administrative
philosophy of the incumbent and upon the urgency and
importance of the situation confronting the incumbent.
There seemed to be little interest in making any revisions
in the basic governmental philosophy of the synodical orga-
nization although Suggestions were offered by some that
certain Bylaws could either be eliminated, clarified, or added
to remove some of the Practical difficulties which some feel
have existed in certain areas. The commission gave a formal
reply to a request for an opinion on presidential authority
from the New York and New Jersey pastoral conferences.
This opinion is being attached to this report as a separate
exhibit for information purposes.

The New England Pastoral Conference requested the

The Milwaukee convention had adopted a recommenda-
tion of the ad hoc Committee on Organization whereby ad-
visory members of the Synod would not have two routes
available to become delegates or representatives to the con-
vention. While the commission agreed with this basic con-
cept, it ruled that the language adopted in revising the By-
law in Milwaukee was not sufficiently clear to permit this
principle to be applied at this time. The commission there-
fore advised the ad hoc committee to resubmit its recom-
mendations to the New Orleans convention with more pre-
cise Handbook language.

The commission reviewed the new Bylaws which the
Armed Forces Commission is presenting to the New Orleans
convention for adoption.

It requested the Commission on Theology and Church
Relations to give study to the growing problem involving
joint participation with other church bodies. The commis-
sion is of the opinion that the Synod has not yet adequately
defined its relationship toward other church bodies and that
the Synod also needs to define some of the theological terms
in the Constitution of the Synod. These concerns arise espe-
cially in connection with various requests for constitutional
opinions on joint campus ministries, on the San Francisco
night ministry, and on the question of selective fellowship.

IW. Opinions and Interpretations

During the course of a 2-year period, many opinions and
rulings are given. We are attaching the Opinion on Presi-
dential Authority and possibly others which might be of
more general importance.

In addition to these and to the items referred to in Sec-
tion II above, opinions or interpretations were also given
on the following matters since the report to the Milwaukee
convention was prepared:

On meeting deadlines for electing convention delegates

On the fact that congregations need not submit all internal
Bylaw changes for ratification by the District committee

On the rights of advisory members

On Denver Resolution 12-18 (loans to high schools)

On a layman's right of appeal

On women serving as congregational chairmen

On the question of holding communicant membership in
two congregations

On the procedure for filling the Vice-Presidential vacancies

On the right of a erm to bring a charge

On the route of a charge against a District official

On the right of Districts to adopt their own provisions for
length of term of executives

On the regulations governing ordination

On the chairmanship of the Council of Administrators

On the implementation of the tenure and termination Bylaw

On the absence of any provision for absentee ballots

On interim arrangements for Commission of Adjudication

On the authority to define “leave of absence” and “sabbati-
cal

On the voting rights of a congregation served on the side
by another pastor

On the permissibility of Board of Appeal members to serve
on ad hoc committees

On the identity of legal representatives of a District

On the necessity to enable representatives of both congre-
gations in a dual parish to participate in the election of
convention delegates

On the question of whether the employment of Rickman
Associates constituted a violation of Bylaw 2.13

On the question of who decides disqualification in an ap-
peals case

On the status of contract teachers in a discontinued synod-
ical high school

On the question of Canadian Districts establishing fellow-
ship with other Lutherans in Canada

On the question of whether the LCA or LCUSA has veto
power over Missouri Synod congregations

On the inadmissibility of voting by proxy for convention
delegates

On the ineligibility of teachers to serve as lay delegates

On the fact that District nominating committees are not
bound by limited tenure regulations prescribed for syn-
odical boards and commissions

On the right of women to vote on all issues

On the proper procedures leading to the removal of faculty
members

On the application of limited tenure to board of control
members

On the inability of a congregation to hold membership in
three Synods at one time

On the requirements that might be expected of candidates
for the position of convention delegate

On the question of who decides a request for reinstatement
to the clergy roster

On the length of terms of those appointed to the Board for
Higher Education following the Milwaukee convention

On the division of the Atlantic District

On the right to engage an auditing firm to tabulate nomina-
tions for President and First Vice-President

On the inadmissibility of temporary circuit alignments for
the purpose of electing convention delegates

On the ineligibility of an interim Pastor to serve as a voting
delegate to a District convention

On the proper court to hear a charge of heresy

On the right to bring a charge of false doctrine

On the impropriety of requiring more than subscription to
the confessional basis set forth in Article II in the calling
of a pastor

On the rights of a congregation over against a suspended
pastor

On the right of college electors to ask for a new slate of
candidates

On the ineligibility of synodical and LCUSA staff persons
to serve as candidates for corresponding boards and
commissions in the Synod

On the rights of a suspended pastor

On the question of who decides what constitutes persis-
tence in offensive conduct

On the failure to elect advisory delegates

On the eligibility of women teachers for synodical office

On the disposition of property in case of a congregation’s
dissolution

On the advisability of incorporating a synodical membership
article in a congregational constitution

On the practice of having unalterable articles in constitu-
tions

On the call procedure for a congregation with a board of
directors type of polity

On the eligibility of a synodical staff member to serve on
a so-called subcommittee of the Commission on Church
Literature

On the right of a board to conduct executive sessions and
the extent of exclusion under the rubric of executive
session

On the question of whether nonvoting members may hold
office in a congregation

On the insufficiency of the convention resolution establish-
ing a chair of theology at the Saskatoon seminary