# LCMS Commission on Constitutional Matters Minutes_St. Louis Missouri_February 25 26 1977_S2
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

244. Member of ELIM Board of Directors (Ag. 1175_): Rev. M. W. Bergmann of Fort Lauderdale,
Florida had asked whether a man who is a member of a District Board of Directors of ELIM could serve
as a convention delegate. After considerable discussion it was resolved to reply along the following lines.
Since the Anaheim resolution regarding ELIM does indeed emphasize that taking an active role in ELIM
is schismatic but does not go so far as to state that membership on an ELIM District Board of Directors
disqualifies one from serving as a delegate, the Commission suggests that the question be brought through
the proper channels to the convention itself for further clarification or decision.
245. Overtures to Convention (AQ. 1179): The Commission has the responsibility stated in the Bylaws to
review overtures and reports involving constitutional issues. For that reason the Secretary made available
in loose-leaf form one copy of overtures received to date which seem to deal with constitutional
questions. Not much opportunity was available to study these overtures in detail and it was decided that
these would be taken up again at a later meeting and that the members would also have the opportunity to
review overtures when the Workbook is published.
246. Board of Directors' Overture Re Irvine (Ag. 1124Ai 1097): In this connection however special
attention was called to the overture being submitted by the Board of Directors which takes issue with the
Commission's interpretation of New Orleans Resolution 6-11 regarding Thankoffering appropriations for
Irvine. The Commission decided to take note of this overture and to record its disagreement with it in the
minutes. The Commission also felt, in answer to a question by the Secretary, that the overture might well
be assigned to Committee #6.
247. Overture Re Election of Delegates (Ag. 1176): The Commission had already decided to submit an
overture calling for refined revisions of the bylaw concerning Election of Delegates. Upon the
recommendation of the Secretary the overture was refined still further to include the following slight
revisions:
1.53b, _3rd and 4th sentences: "All congregational nominees, except those who have been
eliminated through the election of the pastoral delegate, shall be eligible for election. Each delegate
may write in the name of two of the remaining lay nominees on the initial ballot."
1.53c, lst sentence: "All other pastors who received votes in the initial write-in ballot, except those
who were eliminated through the election of the lay delegate, shall be eligible for election as the
alternate."
248.
Seward "Resident Freeholder" Stipulation (Ag. 1178): Chairman Fred Niedner of the Seward
Board of Control had in person and by phone stated that the Board might have a vacancy since a resident
of Seward was moving from the community. There is a statement in a legal document, the identity of
which could not be ascertained by the Commission in this meeting, that "not less than two of the laymen
shall be resident freeholders of the county of Seward, Nebraska." The Commission finally decided to
inform Chairman Niedner that the Board of Control should seek the opinion of local legal counsel and if
the matter still needs to be submitted to the Commission, that the proper legal references be provided.
249. Response to Take Force Request (Ag. 1129): The Commission formally approved the revised copy
of the self-study sent by Chairman Herbert Freise in answer to the request from the special Task Force on
Constitution, Bylaws, and Structure.
250. Texas Request Re Hispanic Seminary (Ag. 1135A,B,C,D): President Heckmann in the final
correspondence indicated that the Texas District Board of Directors had not yet received the decision of
the Board for Higher Education regarding this problem. The local Board of Directors therefore could not