LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — October 26 -28, 1966, Page 4

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459. Budget: Kuenne reported to the spending picture of the current budget. The report was not too
encouraging.
460. Manual. of Operations (see 385): No further word has been received from the Council of
Administrators .
On the basis of rough drafts prepared overnight by Mueller, the Commission adopted the following
answers to questions presented by Dr. Harms on the previous day.
461. "Expedient" Clause and Calling of Pastor: In answer to Dr. Harms' question, "Can the 'expedient'
clauses of Article VII and 1.09 b be stretched to include the call of an ineligible pastor?" the Commission
adopted the following reply: "The Commission concludes that the 'expedient' clauses in these sections are
limited to resolutions of the Synod and do not apply to basic Handbook requirements. Again and again
(e.g., Constitution Article VI, 3; Constitution Article XIII, 3; Handbook Paragraphs 4.15 and 4.17) the
synod in its constitution and bylaws lays down specific requirements for the eligibility of pastors for
membership and also states that eligibility for continuing membership in the Synod on the part of a
congregation depends among other things upon the synodical standing of the pastor serving the
congregation. These are basic requirements and not simply resolutions regarding specific programs. The
Commission therefore holds that the 'expedient' clauses cannot be used to justify the calling of an
ineligible pastor."
462. Enlarging Appeals Case: Dr. Harms had inquired: "May the synodical Hoard of Appeals sitting in an
appellate capacity expand the issues in a case which it has before it?" The Commission adopted the
answer: "The Camomission holds that the Board of Appeals may consider only those issues which were
raised in the proceeding in which the appeal is taken, and then only such of those particular issues as are
the subject of the appeal."
463. Congregations Withholding Funds: Dr. Harms had inquired: "Are congregations which Withhold
funds from the Synod subject to discipline?" The Commission adopted the following reply: "The
Commission holds that Bylaw 1.05 applies. It is the opinion of the Commission that a congregation which
withholds funds from the Synod is subject to serious admonition for divisive and unbrotherly conduct
which destroys the synodical concept itself of 'a walking together.' If all efforts at admonition fail, such a
congregation shall in due course be subject to suspension and to eventual expulsion."
464. State of the Church Funds: President Harms had inquired: "Is The State of the Church, Inc. within its
rights in receiving and disbursing funds for mission work, even though such work is already supported by
the Synod?" The following answer was adopted: "The Commission has reached the following conclusion:
Quite aside and apart from any legal rights which The State of the Church, Inc. may or may not have,
such synodicaliy-unauthorized receiving of funds raises suspicion in the minds of the members of the
congregations of the Synod and is divisive. Furthermore, since the disbursement of such funds is on a
selective basis, this likewise is divisive. The Commission therefore holds that such activities can only
militate against the essential unity implied and involved in a synodical structure ('a walking together').
The Commission also calls attention to Bylaws 9.71 and 9.73."
465. Next Meeting: It was decided to meet January 26 and 27 in St. Louis.
466. Bylaws for Missions: The Commission went through the proposed bylaws for the Board for
Missions submitted by Dr. William Hillmer. The Secretary was instructed to communicate with Dr.
Hillmer on the following points: