# LCMS Commission on Constitutional Matters Minutes_St. Louis Missouri_August 24 1973_S5
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

d.

declination to give the electors truly a choice.
The word "consultation" in Bylaw 6.117 must be taken to mean that the
electors will confer with the Faculty Committee. After such conferring,
the electors according to the new Bylaw 6.117 may add names even over
the objections of the Faculty Committee. The Faculty Committee does
not have total veto power. "Consultation" does not mean "securing
the approval or consent."

327. Malchow Case (Ag. 457): Through Chairman Karl L. Barth the Milwaukee Concordia Board of
Control had inquired whether in its procedures against Professor Bruce Malchow the old provisions
should be followed or the new bylaws. A phone call to President Walter Stuenkel revealed that the
resolution finding Dr. Malchow guilty of false doctrine was not merely "offered" to the Board on June 12,
1973, but was also adopted by it. This was duly noted with respect to the chronology of events supplied
by the Board. The Commission ruled that the procedures in effect before the New Orleans convention
should continue to apply since definitive actions had been taken by the Board prior to the adoption of the
new bylaw.
328.
Overlapping Terms, BHE Members (Ag. 45_3): The Commission formally ratified the
Secretary's letter of July 27 to Dr. A. Ahlschwede stating that the newly elected men would replace as
voting members the two whose appointed terms would otherwise continue until December 31, 1973. This
had reflected the thinking of the Commission as it had met during the New Orleans convention.
329. Acceptance of Call to LCA Congregation (Ag. 460): Pastor Paul G. Jamnicky had asked whether it
would be possible for him to accept a call to a Slovak LCA church and still maintain his membership in
the SELC District and the Missouri Synod. This congregation is one which formerly belonged to the
Missouri Synod and might very possibly become a member of the Missouri Synod once again. The
Commission ruled as follows. In view of the facts set forth in Reverend Jamnicky's letter of August 8, the
Commission holds that on the basis of Article V, B1 and Bylaws 4.05 and 4.07 the pastor may accept this
call to an LCA congregation and still remain a member of the SELC District and the Missouri Synod
under the following provisions:
1.

2.
3.

That the pastor shall serve the congregation according to the principles of the
Missouri Synod and that the congregation expresses its willingness so to be
served;
That the pastor will remain under the ecclesiastical supervision of the SELC
District and faithfully attend conferences and district conventions;
That these arrangements, including the foregoing stipulations, meet with the
approval of both the Zion Synod of the LCA and the SELC District of the
Missouri Synod.

The Commission also decided to express the hope that through the services of Pastor Jamnicky the
congregation will in due time become once again a member of the Missouri Synod.
330. Policy re Retirement and Modified Service (Ag. 461): The Council of Administrators had asked
whether a policy adopted by the Board of Directors in 1968 with reference to retirement and modified
service was in harmony with Bylaw 2.105. The Council raised quite a number of specific questions with
respect to this matter. The Commission after due consideration resolved
1.

To study these questions in greater detail in consultation with legal counsel and
with the executive director of the Concordia plans, and