# LCMS Commission on Constitutional Matters Minutes_St. Louis Missouri_December 6 7 1974_S6
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

If the issue is in doubt as to whether or not it is a separate matter, the CCM has always taken the
position that it leans over backward to protect the rights of anyone charged and therefore urges
Rev. Aurich not to press this discussion with Harlan Harnapp until after the Tietjen matter has
been concluded, so that Dr. Tietjen's rights will not be violated.
325. Faculty Voting Rights (Ag. 750): The Board of Control of Concordia, River Forest, had asked
whether the plenary faculty had the right to state that members of the faculty would be eligible to vote
only after they had completed one year on the staff. The Commission ruled:
1.

When a member becomes a regular bona fide member of the faculty he has the right to vote in
faculty matters. This is the clear implication of 6.51 a and b and of 6.55 d.

2.

The Handbook does not permit the faculty to assume the authority to restrict the privileges of
those appointed to the faculty by the Board of Control.

3.

Bylaw 6.63 gives to the Board of Control the ultimate authority to review the regulations and
policies adopted by the faculty.

326. LLTI Graduate as Assistant Pastor (Ag. 754): Attention was called to an article in the Ontario
District supplement of the Lutheran Witness that a Mr. Terry Rosenau, a graduate of the Lay Training
Institute,has been called as an assistant pastor. The Commission resolved to call the District President's
attention to the fact that it is improper under synodical Bylaws to refer to this individual as an assistant
pastor.
327. Is Woman Suffrage a Doctrinal Question? (Ag 766): This request from Waterbury, Connecticut has
not yet been properly submitted since it was signed merely by the chairman of a study committee within
the congregation.
328. Protest re Tietjen (Ag. 768): The Commission took note of a printed "Response" signed by many
persons and issued over the signatures of Robert J. Weinhold and Frederick A. Niedner of the Valparaiso
University faculty.
329. Issue of Academic Freedom (Ag. 713): Rev. W. J. Hoerger, pastor of the church across the street
from our senior college in Fort Wayne, had asked for a ruling on whether the Board for Higher
Education's "Policy Statement on Limitation of Academic Freedom" is unconstitutional "in that it treats
the granting of tenure and advancement in rank of professors as new contractual agreements in requiring
the inclusion of the limitation statement. The Handbook, Article 6.53c and other procedures outlined in
this section denote that they are not to be considered as such." Freise reported that he had discussed this
matter with the attorney general of the state of Washington who had expressed complete conviction that
advancement in rank and granting of tenure are new contracts with new benefits and therefore new
provisions can be written into the contract. The Commission adopted the following ruling:
In harmony with previous action, the CCM rules that a reappointment, the granting of tenure, and
advancement in rank do constitute new contractual agreements. It holds that new provisions can
indeed be introduced at such a time.
330. District Mission Secretar a Member of ELIM and District Financial Support of Deposed Pastor (Ag.
769): Rev. V. H. Mickow of Kingfisher, Oklahoma had asked whether a District Secretary of Missions
could be chairman of the District ELIM organization. He had also inquired about the constitutionality of
the action of the Board of Directors of the Oklahoma District in voting to supplement the income of a