LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — May 16-17, 1974, Page 8

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Louis seminary . . ." From the information available to the Commission, the faculty members
terminated their own contracts with the seminary by absenting themselves from their duties as
faculty members. Therefore, your conclusion that the action of the Board of Control is in violation
of the Handbook is unfounded and the questions posed in paragraphs 1, 2, and 3 of your letter are
moot.
131. Calls to Seminex Professors* (Ag. 598, 598A): The Commission answered the following questions:
1.

Is it permissible for a congregation to call a person to serve as an instructor at Seminex or to
call a person as an assistant pastor and then assign him to the Seminex faculty? Does such a
person meet the roster requirements of Bylaw 4.33?
The Commission on Constitutional Matters rules that such an individual does not meet the
roster requirements of Bylaw 4.33 but can be retained on the clergy roster of the Synod as a
candidate on a renewable annual basis under the terms of Bylaw 4.37. The Commission on
Constitutional Matters rules that it is improper for a congregation to call men to a seminary,
since the Synod (e.g., Article III, 3; Bylaws 3.07e, 6.03, and 6.53a) has reserved to itself the
right to provide for the training of pastors and teachers and to appoint faculties for that
purpose.

2.

Must a person be physically present and discharging duties within a parish in order to be
legitimately called to that parish as an assistant pastor? Does such a call presuppose the
utilization of a considerable portion of that person's work time in that parish?
The Commission rules that common sense would dictate that in order to meet the requirement
of Bylaw 4.33a for continuing eligibility on the clergy roster, "To be retained on the roster, a
clergyman or teacher as the case may be must be performing the duties of one of the following
offices: a. a pastor called to serve a parish," it would be necessary for such a called person to
be present in the parish to discharge his prescribed responsibilities as a pastor of that parish.

The Commission also decided to send a copy of this ruling to Mr. Earl Haake of the Worker Benefit
Plans.
132. Hansel Request (Ag. 604): A retired pastor, W. H. Hansel, had inquired whether he was in violation
of the Handbook by serving as a chaplain in a home for retirees and conducting Bible classes. The
Commission resolved to send him a friendly letter encouraging him to continue his great work and not to
let his conscience be disturbed in the least.
133. Request to Reconsider Seminex Ruling* (Ag. 582): In answer to the request of the Board of
Directors of the Atlantic District the Commission decided to inform the Board that it had considered its
request but had decided to abide by its earlier ruling.
134. Denver Resolution 5-23 (Ag. 582A): In this connection the Commission took note of Denver
Resolution 5-23 in which the Synod adopted Bylaw 4.01 in order "to reiterate in bylaws that member
congregations must be served by members of the Synod."
135. Ruling on Council of Presidents' Resolution Re Seminex* (Ag. 599): In answer to a request from
Rev. Keith Bender of Ocheyedan, Iowa the Commission adopted the following ruling: