LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — November 1-2, 1973, Page 1

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MINUTES OF MEETING OF COMMISSION ON CONSTITUTIONAL MATTERS
November 1-2, 1973 - St. Louis, Missouri
355. Sommermeyer opened the meeting with prayer. The minutes of September 21-22, 1973 were
approved as submitted. The following were present: Luessenhop, Sommermeyer, Freise, Mueller. Later in
the afternoon Prevallet also appeared. Missing: Krieger.
356. Campus Ministry and Related Subjects (Ag. 379, 384, 387, etc.): It was reported that the CTCR had
not yet completed its basic study regarding the relationship of the Synod to other church bodies.
357. South Wisconsin Clarification (Ag. 4338): Since no further word was received from the South
Wisconsin District regarding this matter, it was decided to remove this item from the agenda.
358. Michigan District Commission of Adjudication (Ag. 4588): The Commission resolved to approve
the actions taken and the correspondence involving the restructuring of the District Commission of
Adjudication.
359. English District Commission of Adjudication (Ag. 473): The same action was i taken with reference
to the English District Commission of Adjudication. Prevallet arrived at this point.
360. Emeritus Pastor as Lay Delegate (Ag. 483): The Commission approved the letter sent by the
Secretary informing an emeritus pastor that he was not eligible to serve as a lay delegate to a District
convention.
361. Selective Fellowship (Ag. 265, 290, 265B); Joint Meeting With CMMC (AR. 300); Mantega
Congregation (Ag•475); Reporting of Election Tallies (Ag 477): It was agreed by common consent to
hold these items on the agenda for further consideration.
362. Congregational Constitutions (Ag. 293, 298): The Commission resolved to ask Sommermeyer, who
was now retiring from the Commission and ineligible to be reappointed, to develop several constitutions
which might be submitted to congregations for their consideration when they request help in drafting new
constitutions or revising the existing documents. An additional request for sample constitutions will be
made in the Lutheran Witness within a few months. The understanding was that Sommermeyer would
eventually bring his recommendations to the Commission.
363. Counselor Nominations (Ag. 481): The Commission ratified the letter which the i Secretary had sent
in answer to a request from District Secretary Bauerkemper of the Texas District regarding the process of
nominating Counselors.
364. Retirement Policies (Ag. 461): In answer to a request from the Board of Directors for a ruling on
whether the policy adopted by the Board several years ago was in conflict with the bylaws governing
retirement and modified service, the Commission adopted the following opinion:
1. Bylaw 2.105a, 1 gives the privilege of retirement between the ages of 65 and 70 to the
individual. No conditions can be imposed by the Board of Directors which are in conflict
with this bylaw.
2. In answering the questions contained in the letter of August 13, 1973 addressed to the
Commission on Constitutional Matters, the Commission replies as follows. Mandatory
"modified service" is not permissible under Bylaw 2.105. A Board does not have the right to
retire a person between the ages of 65 and 70; this remains the option of the individual. It is