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

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not permissible to require annual review, reappointment, and medical examination for service
beyond 65. The phrase "salaried non-executive personnel" in Bylaw 2.105 refers to all who are
in the employ of Synod at headquarters. While a Board may indeed have the right under
certain circumstances to shift job responsibilities it does not have the right to do so simply
because an individual has reached the age of 65.
365. River Forest Case (Ag. 480): The Board of Control of River Forest had asked whether it was
permissible with the consent of the complainant and the accused to waive certain steps in the new bylaw
governing procedures when a professor is charged with false doctrine. The Commission resolved to
inform the Board of Control that it was in error in assuming that the new bylaw was to prevail. The
Commission held that since this case had been initiated under the old procedures and had been carried
forward under the same, it would be necessary to continue with the old procedures.
366. Handbook Revisions (Ag. 486): The Commission adopted the following revisions in wording for the
Handbook:
1. In order to bring the paragraph into conformity with another bylaw adopted by New Orleans,
Bylaw 2.39j was revised to read: "Edit the Proceedings of the convention and arrange for their
distribution in harmony with the provisions of the bylaws."
2. In view of the fact that the transportation secretary is no longer listed in Section H, the heading
of Section H was changed to read: "Other Commissions" instead of "Other Commissions and
Officials." The same change was made in the Table of Contents on page 5.
3. To avoid misunderstanding the sequence of wording in Bylaw 2.127a was changed to read as
follows: "Each voting congregation shall be entitled to nominate from the clergy roster of the
Synod one clergyman as a candidate for President and one clergyman as a candidate for First
Vice-President." (Existing reading: ". . . entitled to nominate one clergyman from the clergy
roster of the Synod as a candidate for President and one clergyman as a candidate for First
Vice-President." Under this wording perhaps a clergyman from another church body could be
nominated for First Vice-President.)
367. Handbook Page Proofs (Ag. 486): The Commission also went through the entire new Handbook in
page proof form and gave approval to slight editorial changes which were involved (eg. moving all
footnotes from the body of the text to the bottom of the page in each instance).
368. ELIM (Ag. 484, 484A): President Ellis Nieting had addressed the following three questions to the
CCM:
1. Is the organization and incorporation within our Synod of ELIM, with its stated goals and
objectives, in keeping with the Constitution of Synod?
2. Can elected District officials with the responsibility of honoring and upholding synodically
adopted resolutions be a part of ELIM without violating their responsible role of leadership?
3. Is ELIM in keeping with the due process for dissent spelled out by the Milwaukee convention?
Similar questions had also been received from Dr. Waldo Werning. After spending much time on these
questions over both days the Commission finally adopted an opinion (attached to the minutes). Earlier,
before further discussion and adoption of the opinion in this final form, Prevallet had asked that the