LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — October 10-11, 1974, Page 2

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241. Assistant and Associate Pastors (Ag. 716): The Commission ratified the Secretary's reply to
Secretary Theodore Iverson of the California-Nevada District to the effect once again that associate
pastors are eligible to serve as pastoral delegates but not assistant pastors.
242. Eligibility of Pastoral Delegate, Southern District (Ag. 711): Rev. Paul R. Frerking of the Southern
District had asked whether an elected pastoral delegate who allegedly had declared that he was not in
fellowship with three pastors in the circuit because of positions which they had taken could indeed be
eligible to represent those pastors at the Anaheim convention. The Commission decided to reply along the
following lines:
1.

It needs to be remembered that the pastoral delegate does not represent the pastors in the
circuit but that he is one of the two delegates representing the congregations in the circuit.

2.

According to the quotes within quotes contained in Pastor Frerking's letter the pastoral
delegate in question did not say that he was out of fellowship with the LCMS or the
congregations in the circuit but only with several persons who reportedly supported positions
which, as the letter writer knows, are contrary to the rulings of the CCM.

3.

In spite of the July 9 alleged declaration on the part of the pastoral delegate in question, the
circuit meeting in August elected him by secret ballot to be the pastoral delegate representing
the congregations in that circuit.

In view of these considerations the CCM held that the pastor in question could not be disqualified on the
grounds listed.
243. Absentee Ballots (Ag. 709): Both President Niedner of the Nebraska District and Secretary
Niermann of the Iowa East District had asked whether absentee ballots might be cast at the circuit
meeting which elects delegates. The Secretary had replied that in his personal opinion the bylaws speak of
a meeting and make no provision for an absentee ballot and that therefore it would be wiser not to permit
an absentee ballot. The Commission formally ratified this position.
244.
Nomination of Delegates (Ag. 703): Rev. Victor D. Willmann of Murdo, South Dakota had taken
exception to the fact that it had been stated that in the first nominating ballot at the circuit meeting it
would not be absolutely necessary for every voter to write in two names since it would violate democratic
procedure if a person would be compelled to write in the name of anyone whom he could not
conscientiously approve as a delegate to the convention. The Secretary had replied to the effect that this
was indeed the position which the Commission on Constitutional Matters had previously taken. The
Commission ratified this reply to Rev. Willmann.
245. Bernthal Eligibility (Ag. 699): Secretary Theo. W. Eisold of the Florida-Georgia District had asked
whether synodical vice-president Dr. Bernthal was eligible to serve as a voting delegate from his electoral
circuit. Since Pastor Bernthal is a regular, full-time pastor of a member congregation the Commission
ruled that he was indeed eligible to serve as a voting delegate.
246. Academic Freedom Provision (Ag. 713): Rev. W. J. Hoerger of the congregation adjoining our
campus in Fort Wayne had asked whether the action of the Board for Higher Education in requiring
acceptance of a policy statement on the limitation of academic freedom in the granting of tenure and/or
advancement in rank was not unconstitutional, since the granting of tenure or advancement in rank could
hardly be regarded in his opinion as new contractual agreements. It was moved and seconded to rule that
the granting of tenure and/or advancement in rank does indeed constitute a new contractual agreement. It