LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — February 13-14, 1969, Page 3

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205. Student Membership on Faculty Committees: Dr. A. 0. Fuerbringer informed the Commission that
the faculty had decided to elect six students as members of its educational policies committee. He
attached a letter from Professor Richard Klann challenging the constitutionality of such action. Dr.
Fuerbringer reported that the faculty had therefore resolved to request an opinion from the CCM
"concerning the legality of having students as members on faculty standing committees." The
Commission adopted a reply drafted overnight by Jersild stating in effect that under the present Bylaws it
was the majority opinion of the Commission that voting membership on standing faculty committees is
limited to faculty members. (Letter attached to the Minutes). Kuenne was delegated to type and sign the
letter.
206. Membership in Two Districts: President Herman Scherer of the Missouri District had inquired: Is it
permissible for a man on the clergy roster of the Missouri District to hold his communicant membership
in a congregation of the English District? The Commission formally resolved to send the following reply:
"While, depending upon the circumstances, a District President might wish to advise such a person to
transfer one or the other membership, there is nothing in the Constitution or Bylaws which would
absolutely prohibit a pastor from holding pastoral membership in one District and communicant
membership in another District." Attention was called to chaplains in the Armed Forces by way of
example.
207. Accusation Against Synodical Staff Member: President Scherer had also inquired what steps are
open to a member of another District who is accusing a member of the Missouri District of teaching false
doctrine while serving on the staff of a synodical board? At what point is the board involved? The
Commission decided formally that the steps are as follows: 1. Personal con6rontation; 2. Personal
confrontation with additional witnesses. If the accused is not satisfied, then he may file written charges on
the three following levels (The Commission here is using as an analogy the procedures prescribed in the
Bylaws for dealing with faculty members under similar situations): 3. The synodical board; 4. The
District President of the accused;, 5. The synodical President. Beyond this the accuser has no recourse. If
the accusation is sustained on the third level, the board shall make necessary recommendations to the
District President of the accused, with said President proceeding according to Sections 5.31 ff. If it is
sustained on the fourth level, the District President will deal with the matter according to 5.31 ff., with the
provision, however, that in the event of a suspension, the case shall be submitted to the synodical Board
of Appeals instead of the District Board of Appeals.
208. Board for Convention Nominations: The Board of Directors had forwarded to the Commission an
overture being submitted by the Board for Convention Nominations calling for revisions in the Bylaws
governing nominating procedures. By common consent the Secretary was asked to write to Mr. Walter
Kayser, Chairman of the Board for Convention Nominations, informing him that we find nothing
unconstitutional in the proposals but also relaying to him several suggestions mentioned by members of
the Commission during the course of its study.
209. Transfer of Congregations: President Carl H. Bensene of the Northwest District had addressed the
following inquiry: "Can the District President ...transfer a congregation to another synod, even to a synod
in fellowship with us? Since it is the District convention which normally accepts a congregation into
synod, is it not necessary that a District convention release a congregation?" By formal motion the
Commission decided to answer: "This is a congregational decision which is merely reported to the
convention for roster purposes. One would hope, however, that the congregation would proceed in a
courteous and brotherly manner and that it would accept counsel from the District President."
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