LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — October 30-31, 1969, Page 2

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22. Timing of Release on Dissident Activities: The President stated that he had asked the Reporter not to
publish this opinion until the Christmas season. The commission, however, prevailed upon him to
authorize Chairman Kuenne to inform the Reporter that the publication should proceed forthwith.
23. Polzin Appointment: Polzin apparently felt that he had never received an official and final word of his
appointment. However, the files produced a carbon copy of Dr. Preus' letter of appointment and also the
statement of acceptance from Polzin. There is apparently a misunderstanding.
23a: Streufert Appointment: Dr. Preus made it plain that Streufert had been appointed an advisory
member for a four-year term instead of a two-year term as inadvertently stated. He will serve as the
President's representative (2.llla, 3).
24. Appointment Procedure: Many positions must be filled by the President according to the By-Laws "in
consultation with" the vice-presidents. It was suggested that it would be best to conduct this consultation
not by telephone but in a meeting prior to the appointment.
25. Telephone Decisions: The members of the commission stated their desire not to be asked to render
constitutional opinions by means of telephone conversations as in the recent Jungkuntz matter.
26. Secretary, Full Time: The President suggested that the commission would want to incorporate in its
minutes the advance ruling regarding the constitutionality of the Board of: Directors requesting the
Secretary to fill his position on a full-time basis.
27. Resolution 5-30: The President asked the commission to suggest persons who might be appointed to
the special committee which is to study the question of the "final and binding nature" of the decisions of
the Board of Appeals (Denver resolution 5-30).
28. New Haven: Considerable time was devoted to a discussion of the procedure in the New Haven
problem, with special reference to the new By-Law 4.02. The general opinion seemed to be that the
District President might initiate action with a letter asking the congregation to make a decision regarding
its pastor within perhaps a ninety-day period. But no formal action was taken.
----------------------------------29. Congregational Right to Negate Resolutions of the Synod: President F. Niedner had written to Kuenne
asking whether a congregation could negate resolutions of the Synod and declare itself out of fellowship
with The American Lutheran Church. Kuenne had replied supporting in general Niedner's position that
only the Synod can initiate or abrogate fellowship with another church body. After considerable
discussion, the commission decided to approve in general of this viewpoint, but to inform Niedner that
there are related questions involved which will require further study.
30. Jungkuntz: On Thursday, November 23, President Preus informed the commission by telephone that
he would need a telegram opinion by the following morning on the question of the term of office of
Richard Jungkuntz, Executive Secretary of the Commission on.Theology and Church Relations. The
CTCR's recommendation to the convention, which the convention approved, had called for a four-year
term. The claim was advanced that the documents addressed to Jungkuntz did not limit the term to four
years. The paragraph written into the Handbook stated that the Commission on Theology and Church
Relations was to establish the tenure. The question arose whether a convention resolution overrides
whatever might be incorporated in the Handbook subsequently on the basis of that resolution and also
whatever a commission might subsequently do After telephone conversations throughout that day and far