LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — June 7-8, 1973, Page 3

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include such requirements as proper eligibility of the candidate, proper notification for the call meeting,
the presence of a legal quorum in the call meeting, and election by the congregation itself.
282. Lay Ministers (Ag. 276): Report 6-02 in the Workbook contains the bylaws for the Board for Lay
Ministers proposed by the board itself. Milwaukee Resolution 6-10 had stipulated that the CCM was to be
consulted in the drafting of these bylaws. The Commission adopted the following position. Although the
Commission had not been consulted, contrary to the provision of Resolution 6-10, nevertheless the
Commission finds nothing unconstitutional in the proposed bylaws. However, the Commission calls
attention to the fact that several dimensions of Resolution 6-10 do not seem to be covered in the proposed
bylaws, such as licensure, certification, and above all supervision. Furthermore, certain questions do not
seem to be answered, such as, may such lay ministers perform marriages, distribute communion, and be
ordained? The Commission holds that these questions may well be more important than some of the
matters which are provided for in the proposed bylaws. The secretary was instructed to send this
evaluation to Floor Committee #6.
283. District Offices Open to Women and Youth (Ag. 426): The Commission resolved that although it is
difficult to respond to a letter which covers so broad a territory, the Commission nevertheless ratified the
letter which had been sent by the secretary in response to these questions posed by President Emil Jaech
of the Northwest District. The Commission also resolved to notify President Jaech that it agrees with his
statement regarding youth, namely, that this particular question would depend in large part on the laws of
the various states.
284. District Vice President Serving Also as a Staff Member (Ag 427,: In another communication
President Emil Jaech had inquired whether a man who has been elected as a full time staff member of the
District may continue to serve as Vice President of the District. The Commission decided to reply as
follows. There seems to be nothing specific in the Handbook which would lead to the conclusion that this
is contrary to the Constitution and Bylaws, but a real question nevertheless exists whether it is advisable.
Attention is called particularly to Bylaw 3.35a, the final clause: "or ever hold two offices of which one is
directly responsible for the work done by the other." Much depends on the District's structure as defined
in its bylaws and on local conditions. Factors which might have a bearing on the matter are whether or not
the District Vice President is a voting member of the Board of Directors, whether he is a regional Vice
President, the likelihood of exercising presidential responsibilities, the dimensions of supervision, and to
whom he is accountable, as a staff person.
285. Member of Board of Directors Serving as Interim Staff Member (Ag 433): The South Wisconsin
District Board of Directors had inquired through Secretary Robert Schmidt whether a member of the
District Board of Directors could serve as a District staff person on an interim basis until the regular
incumbent could be appointed. The secretary had in answer expressed the opinion that this was
permissible. The Commission ratified his reply.
286. "Candidate for Board Appointment" (Ag. 433b): In further correspondence District Secretary Robert
A. Schmidt had asked whether an executive of the District could be considered as a candidate "for Board
appointment?" The Commission resolved to inquire what was meant by "candidate for Board
appointment" namely, to a board or by a board?
287. Relation of Congregation to Suspended Pastor (Ag. 432): President Carl Heckmann had asked what
is meant in Bylaw 5.15 by the clause "So that a congregation may take such action as it deems
appropriate" in the case of the suspension of its pastor and had asked whether a congregation can retain a
suspended pastor as its pastor? Secretary Mueller had replied that such action may vary from one case to
the next. In one instance the offense may be of such a nature or presumption of guilt so obvious that the
congregation itself would feel moved to suspend its pastor from his office almost immediately. In other