LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — January 22-23, 1970, Page 6

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97. Reinstatement of Reverend Robert Cardaro: With reference to this request from President Kleinhans it
was felt that no further action was needed beyond the correspondence involved (Ag. 58).
98. Executive Secretary's Eligibility for Election to an Office: Mr. Robert Eggold of Kansas had raised this question.
The Commission held that an Executive Secretary fills an "office" not in the sense in which the word is
used in 3.35, that in other words an Executive Secretary is eligible for election or appointment to another
position. The Commission warned, however, against any conflict of interest (3.37) (Ag. 59).
99. Board Responsibility vs. Staff Action: President Preus had raised several questions with respect to
the appointment procedures for instructional staff members at our colleges and seminaries. The questions
revolved around the interpretation of 6.53 a and c in the new edition of the Handbook (Ag. 65). In answer
the Commission ruled:
1. A Board cannot delegate away to its staff a responsibility assigned by the bylaws specifically
to a Board;
2. Boards need to be reminded of their responsibilities, especially those which involve
deadlines, so that they do not become remiss in their duties.
3. Reappointment of an instructional staff member does require approval once again of the
Board of Control and the Board for Higher Education.
100. "In Statu Confessionis": Is a pastor who is in the "state of confession" eligible for a District
Presidency or Vice-Presidency? This question had been raised by President Philip Fiess of the Ontario
District. The Commission decided to ask the Commission on Theology and Church Relations to give a
precise definition of "In Statu Confessionis" to enable the Commission to rule on the question of whether
a man who subscribes to that definition can be eligible for election to these offices (Ag. 87).
101. Teacher Vote: The Commission approved the letter which the secretary had sent to Pastor L. A. Wolf
of the Southeastern District, stating that teachers do not have the right to vote at either District or
synodical conventions under the present requirements of the Constitution (Ag. 88).
102. Right of District to Memorialize: President Herman Scherer of the Missouri District had asked
whether a District convention has the right to memorialize the Synod to rescind the resolution on
fellowship with the ALC. The Commission ruled that a District convention does indeed have such a right
as long as it abides by the resolutions of the synodical conventions until they are properly rescinded (Ag.
91).
103. Executive Secretary, Commission on Worship: Dr. John Gaertner had inquired in person whether
this office did not need to be listed in the Handbook. The Commission ruled that this was not necessary
since other executive positions also were not referred to in the Handbook (Ag. 50).
104. ALC Membership in LLL and Review of LLL Constitution: Because of the crowded agenda action
on these two requests was postponed (Ag. 52 and 64).
105. Election of Seminary President: A Mr. C. A. Swanson of Cincinnati, Ohio had written concerning
the procedures for electing a seminary president. Kuenne had replied that this was not a matter for our
Commission but that he should address himself to the Board for Higher Education. The Commission
approved Kuenne's letter (Ag. 62).