LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — March 15-16, 1973, Page 6

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functions of the pastoral office," and that a congregation would need to determine whether any board
regardless of its name is directly involved in the functions of the pastoral office.
262. Constitutions of Mission Congregations (Ag 405): Mission Secretary Alvin Barry of the Iowa
District West had inquired by telephone regarding the constitutions of mission congregations. The
commission approved the secretary's letter stating that the commission officially suggests the inclusion of
an article on synodical membership in a congregational constitution. On the question of dissolution he
had quoted a letter sent in 1970 by Herbert Kuenne on this question. The commission approved
the secretary's reply. However, it also decided to send a further communication to Rev. Barry to the effect
that the uniform non profit corporation act now adopted by many states has a provision that upon
dissolution no member of the corporation will receive any assets but that the assets will be turned over to
a charity; whether the charity must be designated or not depends on the law of the particular state in
which the church is located. The commission therefore suggests that an attorney in Iowa should be
consulted on this question.
263. Reopening of Otten Case (Ag. 407): A Mr. C. A. Swanson of Cincinnati had tried to involve the
commission in procedures for possibly reopening the Herman Otten case. The commission approved the
letter which the secretary had sent stating in effect that an individual lay person could not ask for a
constitutional opinion and that furthermore this question involves a good deal of confusion. The
commission is of the opinion that it will no longer be involved in correspondence with Mr. Swanson.
264. Membership of Berkeley Chapel (Ag 409): Rev. Conrad Coyner of Pinole, California had written to
the commission objecting to the action of the California-Nevada District in receiving the Berkeley Chapel
into membership even though the District Committee on Constitutions had given a negative evaluation.
After considerable discussion the commission decided to inform him on the basis of Bylaw 1.11 to take
the matter up with the District committee on constitutions and then to follow up if necessary with an
overture to the District convention. The commission indicated also that it would be helpful if the secretary
could secure a copy of the congregation's constitution which was being questioned.
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265. Ontario District and Faith Church, St. Catherines, Ontario (A 412): President Albin Stanfel had
written to the commission concerning a thriving mission congregation of the District which has now
applied for membership in the LCA, Canada Section. On the basis of phone conversations it had been
assumed that he was asking the commission specifically as to the property rights and the right of appeal of
such a congregation. However, in looking at the material which had been submitted the commission was
unable to reach a clear understanding as to what the constitutional issue was. It therefore instructed the
secretary to ask the District President to state the constitutional question in writing. Furthermore, he was
asked to remind the District President that even though the function of the commission is interpretive, the
following items might help the commission to see more clearly the issue:
1.

A copy of the congregation's constitution

2.

Information as to who holds the title and under what terms

3.

The amount and terms of indebtedness

4.

Which portion, if any, of the congregation wishes to remain with the Missouri Synod (or
was the decision to leave perhaps even unanimous?)

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266. Trinity, Sturgis, Michigan (Ag. 422): This congregation had addressed a request to Luessenhop last
August but the request had been misplaced. The commission read the original letter plus the follow up