LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — September 21-22, 1973, Page 6

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353. Six Questions, Reverend Ewald Otto: Reverend Ewald Otto had asked six questions
regarding suspension procedures for faculty members, retirement provisions for faculty members,
the necessity of bringing the Board of Control to its full strength as authorized by the New
Orleans Convention. The Commission decided to hold over for further consideration questions
one and two concerning suspension and appeals procedures. It decided to answer in the
affirmative questions three and four regarding the retirement of faculty members, namely the
faculty member who is beyond the age of 65 may be retired at the end of any school term
(answer to number four therefore not necessary), decided to answer question five in the
affirmative, namely, that the Board of Control may indeed set a reasonable time limit on the
completion of the hearing on the part of the faculty hearings committee referred to in Bylaw 6.79.
See the next section for the Commission's answer to Question # 6 re appointing an additional
board member to implement a New Orleans resolution. (Ag. 474).
354. Additional Members on Seminary Boards of Control (Ag. 469): President Preus on August
24 had asked whether the new bylaw adopted in New Orleans, increasing the membership of both
seminary Boards of Control, should be implemented at this time by appointing new members
since the convention had failed to elect incumbents for the new positions created. This same
question had also been raised by Chairman Ewald Otto of the St. Louis Seminary Board of
Control in his letter (Ag. 474). The Commission took note of the following facts:
1.

No opportunity had been given to the church in the early part of the year and in the
previous year to place in nomination persons for these additional positions.

2.

The adoption of the new bylaw took place first in Session 15. By that time the
Committee for Convention Nominations and the Committee for Elections had both
completed their work.

3.

No compelling reasons had been presented for implementing this bylaw
immediately; certainly no such compelling reasons had been advanced by either
Board of Control.

4.

The bylaws also call for staggered terms in each category (pastors, teachers, laymen)
so that it would be difficult at this time through the appointment process to provide
for such proper staggered terms.

5.

Although boards are to fill vacancies by appointment with the approval of the
President of the Synod, it could well be argued that the positions under consideration
are not bona fide vacancies since they had never been filled by the elective process.

In view of all these considerations the Commission ruled that the newly created positions on both
seminary Boards of Control should not be filled by appointment but should be filled by election
at the 1975 convention, at which time proper staggering of terms should be provided for, and that
the Secretary should notify the Committee for Convention Nominations to propose not only
nominees but also any changes in terms necessary to the 1975 convention.
The meeting was adjourned Saturday afternoon at approximately 4:30.

Herbert Mueller, Secretary