# LCMS Commission on Constitutional Matters Minutes_St. Louis Missouri_July 25 26 1980_S1
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

70. Ohio District Church Extension Fund (Ag. 1433, A, B, C) : The Legal Council 'of the Ohio District
had inquired whether it was permissible in order to safeguard
the efforts of the Ohio District Church
Extension Fund to incorporate that fund separately, apart from the Ohio District itself. The Commission
had before it a policy statement adopted by the Synod's Church Extension Board opposing the
incorporation of any District Church Extension Fund in order to encourage Districts to participate in the
new corporation established by the 1979 synodical convention. The Commission also had before it
Resolution 4-01A creating that corporation and Resolution 4-02 specifying that participation in the new
corporation on the part of the Districts was entirely voluntary and upon the Districts' own decision. It also
had communications from the Synod's legal counsel and the president of the new synodical corporation.
Much of the two-day meeting was devoted to a discussion of this question. The Commission finally
adopted an opinion, attached to the minutes, which in effect states that Districts are able to separately
incorporate their Church Extension Funds for the same reason for which at least in part the Synod
approved a separate corporation for its own Extension Fund, namely, to protect the assets of the Fund.
71. River Forest Professors, Grace Members (Ag. 1332, A to F) : There was nothing further to report.
72. Mandatory Retirement of College President (Ag. 1441, A) : The Board of Control of Concordia
College, St. Paul had inquired what bearing Resolution 4-05A would have on the mandatory retirement of
its president, who reaches the age of 65 on July 1, 1981. The Commission ruled: Resolution 4-05A
recognizes that retirement provisions for college presidents and faculty members have differed from those
applying to other synodical personnel. The Resolution calls for recommendations to be submitted to the
1981 convention. Accordingly, Bylaw 6.82 is still in force within the limitations of federal regulations;
how these federal regulations apply needs to be determined by legal council rather than the Commission
on Constitutional Matters. Furthermore, it is not within the purview of the Commission to determine
when a "school year" begins or ends.
73. Wording re Nominations for President and First Vice-President (Ag. 1456) : The Commission
approved the wording drafted by the Secretary for the official announcement in the periodicals concerning
procedures for these nominations and the wording of the message to be attached to the nominating ballots.
It was noted that congregations now have the option of nominating two clergymen for each of the two
positions.
74. Phipps Complaint (Ag. 1447, A) : The Commission ratified the reply which the Secretary had sent to
President Phipps of the Colorado District who had complained about the Commission's procedure in
dealing with requests from his District regarding administrative matters, especially with reference to
campus ministry, within the District. The Secretary had upheld the right of pastors, teachers, and
congregations to approach the Commission on a confidential basis.
75. Southern District Response (Ag. 938, A, B, C, D); Colorado District Response (Ag. 1185, B, C, D);
North Dakota Response (Ag. 1262, A) : There was no response from any of these three Districts.
76. Task Force (Ag. 12662 A): Mueller reported that the Task Force, after spending many months on a
rehash of the functions of the Synod, the Districts, and the Circuits, was finally beginning to address itself
to specific questions since these need to be relayed to the Circuit meetings which will be held this fall.
Questions before the Task Force at the present time concern the number of operating boards, the creation
of a Coordinating Council instead of a Board of Directors, and regional representation on boards, on the
nominating committee, and among the vice-presidents.
77. Access to Adjudication Process (Ag. 1424, A, B): After the previous meeting three members of the
Commission had indicated a desire to restudy the opinion adopted at that previous meeting. After some