# LCMS Commission on Constitutional Matters Minutes_St. Louis Missouri_March 5 6 1976_S2
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

4. Eligibility of Pastor Charles H. Born to Serve on District Commission of Adjudication (Ag. 955 &
955-A): Both Pastor Born and District President Carl A. Heckmann had raised this question since Pastor
Born serves as the "Executive Director for Lutheran Campus Ministry of Texas." Bylaws of the "Lutheran
Campus Ministry of Texas" had been submitted by Pastor Born. It was not clear from the correspondence
whether Pastor Born is in the employ of that agency or is in the employ of the Texas District. The
Commission therefore ruled: a) Since the "Lutheran Campus Ministry of Texas" is apparently not an
agency "owned and controlled by the Synod" (Bylaw 5.47 c), Pastor Born's relation to the agency would
be irrelevant. b) However, the question still remains whether he is an executive or merely a campus pastor
in the employ of the District. If the District Board of Directors has designated him an executive of the
District (Bylaw 5.09 c), Pastor Born would be ineligible to serve on the District Commission of
Adjudication.
5. Non-member on District Board of Directors (Ag. 959): Rev. Paul E. Pasternak of Nashville, Illinois
had stated that Dr. Lawrence, though allegedly not a member of a member congregation of the District,
had been elected to the Board of Directors at the recent convention of the Southern Illinois District. He
had inquired whether this was permissible. The Commission ruled that if Dr. Lawrence was not a member
of a member congregation of the District at the time of his election, the position is vacant and needs to be
filled in accordance with the provisions of the District bylaws. It was decided to send a carbon copy of
this reply also to President Herman Neunaber.
6. Preus Questions re Res. 5-02A (Ag. 906): The remaining questions which Dr. Preus had withdrawn at
the last meeting from among the four questions which he had raised, have not been resubmitted by the
President. By common consent the item was therefore removed from the agenda with the understanding
that the members of the Commission would keep in their possession the documents involved.
7. Secession From the Synod (Ag. 930): In answer to questions raised by Nazareth Lutheran Church of
Buffalo, New York whether the English District itself had the right to secede from the Synod as a District
or whether it was necessary for individual congregations to secede by the action of the congregations, the
Commission adopted a ruling (attached to the Minutes).
8. Convention Rights of Minorities (Ag. 943): The Secretary shared with the Commission correspondence
which he had had with Secretary Williard E. Mueller of the Southern Illinois District regarding the voting
rights of a congregation whose majority had voted to have the congregation withdraw from the Synod.
The District convention had already been held by this time and so the question now was moot.
9. Seventh Resolve of Anaheim Res. 5-02A (Ag. 956): President Preus had submitted seven sets of
questions regarding the interpretation and application of this part of the Anaheim resolution. After
discussion on both days an opinion was adopted (attached to the Minutes).
10. Neunaber-Preus Actions Re Anaheim Res. 5-02A (Ag 926 & 960): St. Paul's congregation of
Brookfield, Illinois had requested rulings of the Commission regarding the actions of President Neunaber
and Dr. Preus since Anaheim. Pastor J. Robert Cunningham of Decatur, Illinois had also raised questions
along the same line with reference to the other three District presidents recently exonerated by Dr. Preus.
After discussion in two separate sessions the Commission adopted its ruling (attached to the Minutes) at
12:30 p.m. on Saturday, with the determination to send copies to the Brookfield congregation, Pastor
Cunningham, Dr. Preus, the eight District presidents, and the Lutheran Witness for reprinting.
11. Final Report, Handbook (Ag. 958): The Secretary reported somewhat belatedly that by October 20 all
members of the CCM had given their approval to the galleys by phone so that CPH could be instructed to
proceed with the printing. The last minute typographical changes noted in the galleys were the following: